Claimant v Imperial College of Science, Technology and Medicine
Outcome
Individual claims
Complaint 1(a) regarding conduct consequent to requesting time off for a Preliminary Hearing was struck out under rule 39(4) for non-payment of the deposit ordered on 16 February 2023. The claimant paid £500 but specified in her email dated 5 April 2023 that this was only for complaints 1(b) and 1(d).
Complaint 1(e) regarding the first respondent not placing the claimant on the shortlist for I-X Lectureships was struck out under rule 39(4) for non-payment of the £500 deposit allocated to this complaint.
Complaint 1(g) alleging the harassment and discrimination constituted breaches of the implied contractual term of trust and confidence was struck out under rule 39(4) for non-payment of the £500 deposit allocated to this complaint.
Facts
The claimant brought claims of race harassment and discrimination against Imperial College and two professors. On 16 February 2023, the tribunal ordered a deposit of £2,500 across seven complaints. The claimant paid £500 on 31 March 2023, initially stating this was for complaints 1(a) and 1(c), but corrected this on 5 April 2023 to specify the payment was for complaints 1(b) and 1(d) only. The claimant appeared to have been confused about which respondent was which but clarified her position.
Decision
The tribunal struck out five complaints (1(a), 1(c), 1(e), 1(f), and 1(g)) under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 for non-payment of the deposit order. The claimant had only paid the deposit for complaints 1(b) and 1(d), and the respondents accepted this clarification.
Practical note
Where a deposit order is made in respect of multiple complaints, partial payment only preserves those specific complaints the claimant identifies as the subject of payment, with all other complaints being struck out for non-payment.
Legal authorities cited
Statutes
Case details
- Case number
- 2206195/2022
- Decision date
- 4 December 2024
- Hearing type
- strike out
- Hearing days
- 8
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No