EAT Practice and Procedure : Imposition of Deposit – Employment Tribunal ordered that Claimant pay a deposit of andpound;250 as a condition of being permitted to continue to take part in proceedings relating to his claim that he was unfairly dismissed and discriminated against on grounds of age.
Appeal dismissed.
(1) Rule 18(2) of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, read together with rule 14, permits an ET determining whether a deposit shall be paid to consider evidence, written or oral, if and to the extent it is appropriate to do so.
(2) The test on a deposit application is as set out in rule 20(1). The approach of Elias P in Von Rensburg followed.
(3) There was no basis for the allegation that the procedure adopted at the PHR was unfair.
Judges:
Supperstone J
Citations:
[2012] UKEAT 0567 – 11 – 2007
Links:
Statutes:
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 18(2)
Jurisdiction:
England and Wales
Employment
Updated: 05 November 2022; Ref: scu.464951