Outcome
Individual claims
The claim was struck out under rule 39(4) after the claimant failed to pay a £150 deposit ordered at a preliminary hearing on 24 June 2024. The claimant did not comply with the tribunal's order despite being given the opportunity to do so.
Facts
Ms Emanuel brought claims against London Borough of Southwark and Tempting Recruitment Solutions Ltd. Following a preliminary hearing on 24 June 2024, she was ordered to pay a £150 deposit. The order was sent to her on 25 June 2024. She failed to pay the deposit by the required deadline.
Decision
The tribunal struck out the claimant's wrongful dismissal claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to her failure to pay the deposit ordered at the preliminary hearing. This was an automatic consequence of non-compliance with the deposit order.
Practical note
Failure to pay a deposit ordered by an employment tribunal will result in automatic strike-out of the claim under rule 39(4), regardless of the merits of the underlying case.
Legal authorities cited
Statutes
Case details
- Case number
- 2302749/2022
- Decision date
- 20 August 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- London Borough of Southwark
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No