Claimant v Transport for London
Outcome
Individual claims
The claimant was ordered to pay a deposit of £200 following a preliminary hearing on 27 September 2023. The claimant decided not to pay the deposit and therefore the whistleblowing detriment claim under section 47B ERA 1996 was struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.
The claimant was ordered to pay a deposit of £200 following a preliminary hearing. The claimant decided not to pay the deposit and therefore the automatic unfair dismissal claim under section 103A ERA 1996 (dismissal for making protected disclosures) was struck out under rule 39(4).
The ordinary unfair dismissal claim remains outstanding and will proceed to a full merits hearing scheduled for 13-15 February 2024 before an Employment Judge sitting alone.
Facts
The claimant brought claims of whistleblowing detriment under section 47B ERA 1996, automatic unfair dismissal for whistleblowing under section 103A ERA 1996, and ordinary unfair dismissal against Transport for London. Following a preliminary hearing on 27 September 2023, the claimant was ordered to pay a deposit of £200. The order was sent to the claimant on 3 November 2023. The claimant decided not to pay the deposit.
Decision
The tribunal struck out the claimant's whistleblowing claims under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to non-payment of the deposit order. The ordinary unfair dismissal claim will proceed to a full hearing on 13-15 February 2024 before an Employment Judge sitting alone.
Practical note
Failure to pay a deposit order will result in automatic strike-out of the relevant claims under rule 39(4) of the Tribunals Rules.
Legal authorities cited
Statutes
Case details
- Case number
- 2212282/2023
- Decision date
- 4 March 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No