Claimant v Lancashire and South Cumbria NHS Foundation Trust
Outcome
Individual claims
The claimant was ordered to pay a deposit of £100 by 13 June 2024 following a preliminary hearing on 16 May 2024 where this claim had little reasonable prospect of success. The claimant failed to pay the deposit by the deadline. Under rule 39(4) of the Employment Tribunals Rules of Procedure 2013, the complaint was struck out for non-payment of the deposit.
Facts
The claimant brought a claim of direct disability discrimination alleging the respondent NHS Trust deliberately delayed reaching and giving a grievance decision. Following a preliminary hearing on 16 May 2024, the tribunal ordered the claimant to pay a £100 deposit by 13 June 2024, having found the claim had little reasonable prospect of success. The order was sent to the claimant on 30 May 2024. The claimant failed to pay the deposit by the deadline.
Decision
The tribunal struck out the direct disability discrimination claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to non-payment of the deposit. The judgment notes that this does not affect any other allegations in the claim, suggesting the claimant had brought additional complaints.
Practical note
Failure to pay a deposit order within the specified deadline results in automatic strike out of the claim to which the deposit relates, regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 2406516/2023
- Decision date
- 4 July 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No