Claimant v Emcor Group (UK) plc
Outcome
Individual claims
The claimant was ordered to pay a £50 deposit following a preliminary hearing on 15 January 2024. The order was sent on 8 February 2024 but the claimant failed to pay the deposit. Under rule 39(4) of the Employment Tribunals Rules of Procedure 2013, the disability discrimination complaint was struck out for non-payment of the deposit.
Facts
Following a preliminary hearing on 15 January 2024, the claimant was ordered to pay a £50 deposit. The order was sent to the claimant on 8 February 2024. The claimant failed to pay the deposit. The judgment notes that remaining claims will continue to a final hearing on 13 January 2025.
Decision
The tribunal struck out the disability discrimination claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the deposit order. Other claims remain live and will be heard at a final hearing.
Practical note
Failure to pay a deposit order results in automatic strike-out of the relevant claim under rule 39(4), even if other claims in the case proceed to a final hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2302778/2023
- Decision date
- 2 May 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No