Mr C Simpson v Powerteam Electrical Services (UK) Ltd T/a Omexom (England and Wales : Disability Discrimination) -[2021] UKET 1800592/2021- (10 August 2021)

BAILII

Automated Summary

Key Facts

In case 1800592/2021, the Employment Tribunal struck out the claimant's Disability Discrimination complaint on 10 August 2021. The claimant failed to pay the required £900 deposit after being ordered to do so on 26 July 2021, with the order sent on 03 August 2021. The claimant's refusal to pay, communicated on 7 August 2021, led to the claim being struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013. The remaining claims of Unfair Dismissal and Victimisation are scheduled for a hearing on 13-14 December 2021.

Issues

  • The claimant's complaint of Disability Discrimination was struck out because he did not pay the required deposit and stated he would not pursue the claim.
  • The claims of Unfair Dismissal and Victimisation will proceed to a hearing on 13 and 14 December 2021.

Holdings

  • The remaining claims of Unfair Dismissal and Victimisation will proceed at the hearing on 13 and 14 December 2021.
  • The claimant was ordered to pay a deposit of £900 following a preliminary hearing held on 26 July 2021. The Order was sent to the claimant on 03 August 2021. The claimant has written to say he will not be paying the deposit (on 7 August 2021), which in these circumstances is an unequivocal statement that he does not pursue the claim. The complaint of Disability Discrimination is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Legal Principles

The claim was struck out under Rule 39(4) of the Employment Tribunals Rules of Procedure 2013, which allows the tribunal to strike out a claim where the claimant fails to pay the required deposit.

Judge Name

JM Wade

Passage Text

  • The complaint of Disability Discrimination is struck out.
  • The claimant was ordered to pay a deposit of £900 following a preliminary hearing held on 26 July 2021. The Order was sent to the claimant on 03 August 2021. The claimant has written to say he will not be paying the deposit (on 7 August 2021), which in these circumstances is an unequivocal statement that he does not pursue the claim. The complaint of Disability discrimination is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.