Claimant v London Borough of Richmond upon Thames
Outcome
Individual claims
The claim was struck out under rule 39(4) because the claimant failed to pay the £300 deposit ordered following a preliminary hearing on 15 April 2024. The deposit order was sent on 1 May 2024 but remained unpaid.
The claim was struck out under rule 39(4) because the claimant failed to pay the £300 deposit ordered following a preliminary hearing on 15 April 2024. The deposit order was sent on 1 May 2024 but remained unpaid.
The claim was struck out under rule 39(4) because the claimant failed to pay the £300 deposit ordered following a preliminary hearing on 15 April 2024. The deposit order was sent on 1 May 2024 but remained unpaid.
Facts
The claimant Mr P Anike brought claims of race discrimination, sex discrimination and constructive unfair dismissal against two London Borough councils. Following a preliminary hearing on 15 April 2024, the tribunal ordered the claimant to pay a deposit of £300, with the order sent to him on 1 May 2024. The claimant failed to pay the deposit by the required deadline.
Decision
Employment Judge Liz Ord struck out all of the claimant's claims under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to his failure to pay the £300 deposit ordered at the preliminary hearing. The full merits hearing scheduled for 12-14 February 2025 was cancelled.
Practical note
A claimant's failure to pay a deposit ordered at a preliminary hearing will result in automatic strike-out of the claims under rule 39(4), regardless of the merits of the underlying case.
Legal authorities cited
Statutes
Case details
- Case number
- 2302752/2023
- Decision date
- 16 September 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No