Claimant v Nestle UK Limited
Outcome
Individual claims
The claim was struck out under rule 39(4) because the claimant failed to pay a deposit ordered by the Tribunal on 13 October 2023. The claimant's failure to comply with the deposit order resulted in automatic strike-out of the claim.
Facts
Mr Fleet brought a claim against Nestle UK Limited. On 13 October 2023, the Tribunal made a deposit order. The claimant failed to pay the deposit as ordered.
Decision
Regional Employment Judge Robertson struck out the claim under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the deposit ordered. The strike-out was automatic upon non-payment.
Practical note
Failure to pay a tribunal-ordered deposit results in automatic strike-out of the claim under rule 39(4), regardless of the underlying merits.
Legal authorities cited
Statutes
Case details
- Case number
- 1801364/2023
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No