Cases→3205079/2022

Claimant v Vertex Logistics Limited

31 January 2024Before Employment Judge D N JonesLondon Centralon papers

Outcome

Claimant fails

Individual claims

Breach of Contractstruck out

The claimant failed to pay the £1,000 deposit ordered following a preliminary hearing on 17 August 2023. Under rule 39(4) of the Employment Tribunals Rules of Procedure 2013, claims are automatically struck out when a deposit is not paid.

Unlawful Deduction from Wagesstruck out

The claimant failed to pay the £1,000 deposit ordered following a preliminary hearing on 17 August 2023. Under rule 39(4) of the Employment Tribunals Rules of Procedure 2013, claims are automatically struck out when a deposit is not paid.

Direct Discrimination(religion)struck out

The claimant failed to pay the £1,000 deposit ordered following a preliminary hearing on 17 August 2023. Under rule 39(4) of the Employment Tribunals Rules of Procedure 2013, claims are automatically struck out when a deposit is not paid.

Direct Discrimination(race)struck out

The claimant failed to pay the £1,000 deposit ordered following a preliminary hearing on 17 August 2023. Under rule 39(4) of the Employment Tribunals Rules of Procedure 2013, claims are automatically struck out when a deposit is not paid.

Facts

The claimant brought claims for breach of contract, unlawful deduction of wages, and discrimination based on religion or belief and race against Vertex Logistics Limited. Following a preliminary hearing on 17 August 2023, the tribunal ordered the claimant to pay a £1,000 deposit to continue with his claims. The order was sent to the claimant on 30 August 2023. The claimant failed to pay the deposit or any part of it by the required deadline.

Decision

The tribunal struck out all of the claimant's claims under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to non-payment of the deposit order. The hearing scheduled for 1 and 2 February 2024 was cancelled.

Practical note

Failure to comply with a deposit order results in automatic strike-out of claims under rule 39(4), ending the case without determination on the merits.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 rule 39(4)

Case details

Case number
3205079/2022
Decision date
31 January 2024
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
Vertex Logistics Limited
Sector
logistics
Represented
No

Claimant representation

Represented
No
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