Claimant v Fresh & Wild Limited
Outcome
Individual claims
The claimant was ordered to pay a deposit of £25 following a preliminary hearing on 7 May 2024. The claimant failed to pay the deposit by the required date. The claim was therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 for non-payment of the deposit.
The claimant was ordered to pay a deposit of £25 following a preliminary hearing on 7 May 2024. The claimant failed to pay the deposit by the required date. The claim was therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 for non-payment of the deposit.
Facts
The claimant brought claims of race discrimination and race harassment against Fresh and Wild Ltd. Following a preliminary hearing on 7 May 2024, the claimant was ordered to pay a deposit of £25. The order was sent to the claimant on 14 May 2024. The claimant failed to pay the deposit as required.
Decision
The tribunal struck out both the race discrimination and race harassment claims under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the ordered deposit of £25. The full merits hearing scheduled for 17-19 September 2024 was cancelled.
Practical note
A claimant's failure to pay a deposit ordered following a preliminary hearing will result in automatic strike out of the claims under rule 39(4), even where the deposit amount is modest.
Legal authorities cited
Statutes
Case details
- Case number
- 2200794/2024
- Decision date
- 4 July 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No