Claimant v GBA Group Limited
Outcome
Individual claims
The claim was struck out under rule 39(4) because the claimant failed to pay the deposit of £100 ordered at a preliminary hearing on 29 July 2024 by the deadline of 26 August 2024. The claimant was warned of the consequences of non-payment and did not apply for an extension of time.
Facts
The claimant brought an age discrimination claim against GBA Group Limited. Following a preliminary hearing on 29 July 2024, the tribunal ordered the claimant to pay a deposit of £100 by 26 August 2024. The order was sent to the claimant on 30 July 2024. The claimant failed to pay the deposit and did not apply for an extension of time.
Decision
The tribunal struck out the claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the ordered deposit. The claimant had been warned of the consequences of non-payment but did not comply or seek an extension, resulting in automatic strike out.
Practical note
Failure to comply with a deposit order within the specified timeframe results in automatic strike out under rule 39(4), even for unrepresented claimants.
Legal authorities cited
Statutes
Case details
- Case number
- 6001580/2023
- Decision date
- 4 September 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No