Mr B Adjenak v McCarthy Court Management: 2300084/2020
JUDGMENT
The claim of discrimination on grounds of religion or belief is struck out.REASONS
[1]The claimant was ordered to pay a deposit of £30 following a preliminary hearing held on 16 October 2020. The order was sent on 24 October 2020. The claimant has failed to pay this deposit.[2]The complaint of discrimination on grounds of religion or belief is therefore struck out pursuant to rule 39(4) of the Employment Tribunal Rules of Procedure 2013.[1]Following a case management hearing on 16 October 2020, the claimant was ordered by Employment Judge Hargrove to pay a deposit of £30 as a condition of continuing to pursue his religion or belief discrimination claim, on grounds that it had little reasonable prospect of success. The deposit was to be paid by 27 November 2020. The notes accompanying the order informed the claimant that if the deposit was not paid within that time, the complaint would be struck out.[2]On 15 December 2020, the Tribunal was notified by the Bristol Finance Support Centre, where the deposit should have been sent, that no payment had been received. As a result, a judgment was sent to the parties on 23 January 2021 striking out the religion or belief discrimination complaint.[3]On 25 January 2021, the claimant applied for reconsideration of the strike out judgment on grounds that he had made an error by paying the deposit to his solicitor’s client account instead of the Bristol Finance Support Centre.[4]Upon being satisfied that the claimant had made a genuine error and in the absence of any objections from the respondent, I consider that it is in the interests of justice to revoke the strike out judgment and allow the claim to proceed.