Claimant v Freedom Logistics UK Limited
Outcome
Individual claims
Claim struck out under rule 39(4) because claimant failed to pay the £500 deposit ordered following a preliminary hearing on 18 December 2023. The deposit was a condition of continuing with the claim.
Detriment for making protected disclosures claim struck out under rule 39(4) due to non-payment of the £500 deposit ordered at the preliminary hearing on 18 December 2023.
Facts
The claimant brought claims of automatic unfair dismissal and detriment for making protected disclosures (whistleblowing). Following a preliminary hearing on 18 December 2023, the claimant was ordered to pay a deposit of £500 as a condition of continuing with these claims. The deposit order was sent to the claimant on 22 December 2023, but the claimant failed to pay the required amount.
Decision
The tribunal struck out both whistleblowing claims under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the ordered deposit. The previously scheduled preliminary hearing and final hearing were cancelled.
Practical note
Failure to pay a deposit ordered at a preliminary hearing will result in automatic strike-out of the claims to which the deposit relates, regardless of the underlying merits.
Legal authorities cited
Statutes
Case details
- Case number
- 2407115/2022
- Decision date
- 21 February 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No