Claims struck out after failing to pay £50 deposit or provide further particulars
An employment tribunal struck out a former employee's unfair dismissal and discrimination claims after they failed to comply with a deposit order and an order for further particulars. The decision was upheld on reconsideration.
1 min read · Last updated 18 May 2026
Case details
- #right-to-be-accompanied
- #sex-discrimination
- #deposit-order
- #strike-out
- #reconsideration-refused
Key facts
- The claimant brought claims for unfair dismissal, detriment, and sex discrimination.
- Employment Judge Frazer made a deposit order of £50 and ordered further particulars by 7 January 2023.
- The claimant failed to pay the deposit or provide further particulars by the deadline.
- Employment Judge Postle struck out the claims for non-compliance on 3 March 2023.
- The claimant's application for reconsideration was refused on 12 August 2024.
Timeline
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Claim 2 presented
Claim for automatic unfair dismissal, detriment, refusal of right to be accompanied, discrimination, harassment, and breach of contract.
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Claim 3 presented
Similar claim to Claim 2 concerning internal appeal and dismissal process.
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Preliminary hearing before EJ Lewis
Claim 1 dismissed upon withdrawal; ordered hearing for extension of time application.
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Preliminary hearing before EJ Frazer
Extension of time granted for respondent's response; deposit order of £50 and order for further particulars made.
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Deadline for compliance
Claimant failed to pay deposit or provide further particulars.
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Preliminary hearing before EJ Postle
Claimant's representative did not attend; claims struck out for non-compliance.
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Judgment sent
Judgment of strike out sent to parties.
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Reconsideration hearing
Claimant's application for reconsideration heard and refused.
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Reconsideration judgment
Employment Judge Postle refused reconsideration.
The legal issue
Whether the tribunal was right to strike out the claims for non-compliance with case management orders, and whether the judgment should be reconsidered.
The outcome
The tribunal struck out the claimant's claims for unfair dismissal, detriment, and sex discrimination after they failed to pay a £50 deposit and provide further particulars by the deadline set by Employment Judge Frazer. The strike-out was ordered by Employment Judge Postle on 3 March 2023. The claimant's application for reconsideration was refused on 12 August 2024. No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Tribunal orders, including deposit orders and orders for further particulars, must be complied with strictly by the deadline – failure can lead to strike-out.
- If you cannot meet a deadline, apply for an extension before the deadline passes, not after.
- A deposit order is a serious step – it means the tribunal thinks your claim has little reasonable prospect of success, and you must pay it to proceed.
- Reconsideration is not a second chance to argue your case; you must show the original decision was wrong in law or fact.
This case shows the importance of complying with tribunal orders, no matter how small the amount. A former employee had their entire claim struck out after failing to pay a £50 deposit and provide further particulars by the deadline. The tribunal had made a deposit order because it considered the claim had little reasonable prospect of success, but the claimant still needed to pay it to keep the claim alive.
What went wrong
The claimant's union representative did not attend the hearing where the strike-out was ordered. The tribunal had given clear deadlines: pay the £50 deposit and provide further particulars by 7 January 2023. When the claimant failed to do either, Employment Judge Postle struck out the claims. The later application for reconsideration was also refused, as the judge found no reasonable prospect of the original decision being varied or revoked.
What the respondent could have done differently
The respondent, Sainsburys Supermarkets Ltd, acted correctly by applying for strike-out when the orders were not complied with. The tribunal's decision was based on the claimant's failure, not the respondent's conduct.
Why this matters
This case is a reminder that tribunals expect strict compliance with case management orders. Even a small deposit order must be paid on time. If you cannot meet a deadline, you must apply for an extension before it expires. Ignoring orders can result in your entire claim being thrown out, with no second chance.
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