Former employee's claims struck out after failing to pay tribunal deposit
The employment tribunal struck out all three claims brought by a former employee against Openwork Limited after he failed to pay a deposit order. The tribunal also refused his applications for an extension of time and reconsideration.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant failed to pay a deposit ordered by the tribunal on 31 January 2022.
- The deadline for payment expired on 10 March 2022.
- The claimant's claims were struck out under Rule 39(4) for non-payment.
- The claimant's applications for extension of time and reconsideration were refused.
- The Employment Appeal Tribunal dismissed the claimant's appeal on the deposit order.
Timeline
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Deposit Order made
Employment Judge Roper made a Deposit Order requiring the claimant to pay a deposit in respect of all three claims.
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Deposit Order sent to parties
The Deposit Order and Case Management Order were sent to the parties.
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Deadline for payment expired
The deadline for payment of the deposit expired. The claimant did not pay.
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First strike-out judgment
Employment Judge Roper struck out the holiday pay claim for failure to comply with a Strike Out Warning.
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Second strike-out judgment
Employment Judge Roper confirmed the strike out of the holiday pay claim.
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Judgment on reconsideration
Employment Judge Roper revoked the earlier strike-out judgments but confirmed all claims struck out under Rule 39(4) for non-payment of deposit.
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Confirmatory judgment
Employment Judge Roper issued a confirmatory judgment that all three claims were struck out.
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Final judgment on applications
Employment Judge Roper refused the claimant's applications for extension of time, recusal, and reconsideration.
The legal issue
The tribunal had to decide whether the former employee's claims should be struck out for non-payment of a deposit order, and whether to grant an extension of time or reconsider its earlier decisions.
The outcome
The tribunal struck out all three claims brought by the former employee against Openwork Limited. The key reason was that the former employee failed to pay a deposit ordered by the tribunal on 31 January 2022, with the deadline expiring on 10 March 2022. The tribunal also refused the former employee's applications for an extension of time, recusal of the judge, and reconsideration of the deposit order. No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Deposit orders must be paid by the deadline — failing to do so will result in automatic strike-out of your claims.
- If you cannot pay a deposit on time, apply for an extension before the deadline expires, not after.
- Challenging a deposit order through reconsideration or appeal does not suspend the payment deadline unless the tribunal explicitly says so.
- Keep the tribunal informed of any changes in your circumstances that might affect your ability to comply with orders.
This case shows how strictly employment tribunals enforce procedural rules, particularly deposit orders. The former employee had brought three claims against Openwork Limited, but the tribunal ordered him to pay a deposit as a condition of proceeding. When he failed to pay by the deadline, all his claims were automatically struck out under Rule 39(4).
What went wrong
The former employee did not pay the deposit by 10 March 2022. He later applied for an extension of time and asked the tribunal to reconsider the deposit order, but these applications were refused. The tribunal noted that the deposit order remained valid and that non-payment triggered the strike-out. Even though the tribunal later revoked earlier strike-out judgments on a different point, the claims remained struck out because of the unpaid deposit.
What could have been done differently
The former employee could have paid the deposit by the deadline or applied for an extension before it expired. If he believed the deposit order was wrong, he should have sought urgent permission to appeal to the Employment Appeal Tribunal, which might have stayed the payment deadline. Instead, he waited until after the deadline to challenge the order.
Why this matters
This case is a reminder that tribunal orders are not optional. A deposit order requires payment within the specified time, and failure to comply will end the case regardless of the merits. Claimants who cannot afford a deposit should seek advice early about fee remission or making representations to vary the order before the deadline.
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