Claimant v Lancashire County Council
Outcome
Individual claims
The claim was struck out under rule 39(4) because the claimant failed to pay the £300 deposit ordered at the preliminary hearing on 15 August 2024, despite the order being sent to him on 19 August 2024.
Facts
Mr O'Brien brought an unfair dismissal claim against Lancashire County Council. At a preliminary hearing on 15 August 2024, he was ordered to pay a deposit of £300, with the order being sent to him on 19 August 2024. The claimant failed to pay this deposit by the required deadline.
Decision
Employment Judge Phil Allen struck out the unfair dismissal complaint under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the ordered deposit. The scheduled full merits hearing for 10-12 December 2024 was cancelled.
Practical note
Failure to pay a deposit ordered at a preliminary hearing will result in automatic strike-out of the claim under rule 39(4), with no further discretion for the tribunal.
Legal authorities cited
Statutes
Case details
- Case number
- 2405858/2023
- Decision date
- 1 October 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Lancashire County Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No