Claimant v The Information Commissioner's Office
Outcome
Individual claims
The 'grievance options allegation' was struck out under rule 39(4) because the claimant failed to pay the deposit of £300 ordered by the tribunal following a preliminary hearing on 8 May 2024. The tribunal had determined this allegation had little reasonable prospect of success.
Facts
Mr Donaldson brought claims against the Information Commissioner's Office. At a preliminary hearing on 8 May 2024, Employment Judge Shotter found two specific allegations had little reasonable prospect of success and ordered the claimant to pay £300 per allegation (£600 total) as a deposit. The order was sent to the claimant on 28 May 2024. The claimant failed to pay the deposit by the deadline. The remaining claims were unaffected and a full hearing was scheduled for September 2024.
Decision
The tribunal struck out the 'grievance options allegation' and the '7-day deadline allegation' under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 because the claimant failed to pay the £600 deposit ordered at the preliminary hearing. The remaining claims were unaffected.
Practical note
Failure to pay a deposit ordered by the tribunal results in automatic strike-out of the relevant allegations under rule 39(4), regardless of the merits or the claimant's circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 2406904/2022
- Decision date
- 11 September 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- regulator
- Represented
- No
Claimant representation
- Represented
- No