Cases2207379/2022

Claimant v Oakwood 24 Limited

19 March 2024Before Employment Judge Ayreon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 39(4) because the claimant failed to pay the deposit of £200 ordered at a preliminary hearing on 9 February 2024, which was sent to the claimant on 28 February 2024.

Facts

The claimant brought a claim against two respondents. Following a preliminary hearing on 9 February 2024, the claimant was ordered to pay a deposit of £200. The order was sent to the claimant on 28 February 2024 but the claimant failed to pay the deposit. A full merits hearing had been scheduled for 1-5 July 2024.

Decision

The tribunal struck out the entire claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the ordered deposit. The scheduled full hearing was cancelled.

Practical note

A deposit order must be complied with or the claim will be automatically struck out under rule 39(4), regardless of the merits of the underlying claim.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 rule 39(4)

Case details

Case number
2207379/2022
Decision date
19 March 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No