Claimant v Mersey Care NHS Foundation Trust
Outcome
Individual claims
Claim struck out under rule 39(4) because the claimant failed to pay the £300 deposit ordered following a preliminary hearing on 14 November 2023, despite the order being sent on 19 March 2024. The tribunal had previously found these complaints had little reasonable prospect of success.
Facts
The claimant brought five complaints of sex harassment against her NHS employer relating to incidents including sharing of her home address, workplace disruptions in September 2022, issues around annual leave approval and criticism, and delays in clinical supervision. Following a preliminary hearing on 14 November 2023, the tribunal ordered the claimant to pay a deposit of £300 for each complaint (£1,500 total), indicating they had little reasonable prospect of success. The order was sent to the claimant on 19 March 2024.
Decision
The tribunal struck out all five harassment complaints under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 because the claimant failed to pay the deposit ordered at the preliminary hearing. The claimant was unrepresented throughout the proceedings.
Practical note
A deposit order must be paid to continue with claims that have little reasonable prospect of success; failure to pay results in automatic strike out under rule 39(4), even for unrepresented claimants.
Legal authorities cited
Statutes
Case details
- Case number
- 2402266/2023
- Decision date
- 14 May 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No