Cases2501877/2023

Claimant v Reed in Partnership

13 September 2024Before Employment Judge SweeneyNorth Easton papers

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)struck out

The claim was struck out under rule 39(4) because the claimant failed to pay the £150 deposit ordered at a preliminary hearing on 18 June 2024. The deposit order was sent to the claimant on 1 July 2024 but remained unpaid, resulting in automatic strike-out.

Facts

The claimant brought a claim of disability discrimination against Reed in Partnership. At a preliminary hearing on 18 June 2024, the tribunal ordered the claimant to pay a deposit of £150.00, with the order sent on 1 July 2024. The claimant failed to pay the deposit as required.

Decision

Employment Judge Sweeney struck out the disability discrimination claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the deposit ordered at the preliminary hearing. The claim is now closed.

Practical note

Failure to pay a deposit ordered by a tribunal results in automatic strike-out of the claim under rule 39(4), regardless of the merits of the underlying case.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 rule 39(4)

Case details

Case number
2501877/2023
Decision date
13 September 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
professional services
Represented
No

Claimant representation

Represented
No