Claimant v Menzies Aviation (UK) Limited
Outcome
Individual claims
The claimant failed to pay a deposit of £20 ordered at a preliminary hearing on 18 September 2023. Following non-payment, the automatic unfair dismissal claim under s103A ERA 1996 was struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.
Facts
The claimant brought a claim for automatic unfair dismissal under s103A ERA 1996 (whistleblowing). Following a preliminary hearing on 18 September 2023, the tribunal ordered the claimant to pay a deposit of £20, with the order sent to him on 13 November 2023. The claimant failed to pay the deposit.
Decision
The tribunal struck out the claimant's whistleblowing claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to his failure to pay the deposit order. This is an automatic consequence of non-payment following a deposit order.
Practical note
Failure to pay even a modest deposit order will result in automatic strike out of the claim under rule 39(4), regardless of the merits of the underlying case.
Legal authorities cited
Statutes
Case details
- Case number
- 3312930/2022
- Decision date
- 19 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No