Practice and Procedure – Striking Out of Claims
PRACTICE AND PROCEDURE – Imposition of Deposit
PRACTICE AND PROCEDURE – Amendment of Notice of Appeal
1. The Employment Tribunal was correct to refuse to strike out the claim of unfair dismissal under s.104 of the Employment Rights Act 1996. It was entitled to make a deposit order in respect of that claim on the basis that it had little reasonable prospect of success.
2. The Employment Tribunal erred in law in failing to give reasons for the particular amount of the deposit that was ordered to be paid. The deposit order (and the order striking out the claim for non-payment of the deposit) was set aside and the Employment Appeal Tribunal substituted, at the request of the parties, its own decision as to the appropriate amount of the deposit order.
3. The Employment Appeal Tribunal held that in the unusual circumstances of the case, the Claimant would be permitted to amend the Notice of Appeal to bring an appeal against the operative deposit order, which had been made after the filing of Notice of Appeal following a successful request for reconsideration of the amount of the original deposit order.
Citations:
[2019] UKEAT 0235 – 18 – 1112
Links:
Jurisdiction:
England and Wales
Employment
Updated: 19 October 2022; Ref: scu.646863