Claimant v Duranta Teesside Limited
Outcome
Individual claims
The claim regarding the respondent's failure to take action when the claimant's signature was forged was struck out because the claimant failed to pay the deposit of £60 ordered by the tribunal under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.
The complaint that the claimant was singled out for disciplinary action on 10 June 2023 (letter of concern) was struck out due to the claimant's failure to pay the deposit of £60 ordered by the tribunal.
The complaint that the respondent failed to act on the claimant's complaints of discrimination at meetings on 13 June 2022 and 21 July 2022 was struck out because the claimant did not pay the deposit of £60 ordered by the tribunal.
The complaint that after reporting discrimination the claimant was harassed by vexatious disciplinary action on 15 September 2022 (verbal warning) was struck out due to non-payment of the deposit.
Facts
The claimant brought multiple complaints against his employer relating to alleged forged signatures, discriminatory treatment, disciplinary actions, and failure to address discrimination complaints made at meetings in June and July 2022. The tribunal previously made a deposit order requiring the claimant to pay £60, sent on 6 March 2024. The claimant failed to pay this deposit.
Decision
The tribunal struck out multiple complaints under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 because the claimant failed to pay the deposit of £60 ordered by the tribunal. The remaining claims were listed for a preliminary hearing on 13 May 2024.
Practical note
Failure to comply with a deposit order results in automatic strike-out of the relevant complaints under rule 39(4), demonstrating the importance of complying with tribunal orders even when representing oneself.
Legal authorities cited
Statutes
Case details
- Case number
- 2501307/2023
- Decision date
- 13 September 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No