Mr J RogersClaimantJemca Car Group LimitedRespondent
Before
Employment Judge HYDE DatedDate 18 August 2020
JUDGMENT
The claim for unfair dismissal under the Employment Rights Act was dismissed following a withdrawal by the claimant. The remaining claim will be heard on 5 May 2020. JUDGMENT[1]The complaint of sex discrimination under the Equality Act 2010 is struck out.[2]The sum of £125 paid by the claimant to HMCTS Finance Centre on 1 April 2020 is to be returned to him.
REASONS
[1]The claimant was ordered to pay a deposit of £125.00 at a preliminary hearing which took place on 02 March 2020 before me, and the reasons for the order were announced orally at the same time. Confirmation of the Order and the reasons for it were sent in writing to the claimant by email on 20 March 2020. I have reviewed the Order and the reasons for it as sent to the parties.[2]The date specified in the Order, by which the deposit was to be paid, was by no later than 7 days from the date the Order was sent: Rules 39(4) and 66 of the Employment Tribunals Rules of Procedure 2013 (“the 2013 Rules”). The claimant failed to pay the deposit by this date. A payment was received from him on 1 April 2020, but that did not constitute compliance with the Deposit Order, as it was made late, and there had been no application for, or grant of, an extension of time for compliance with the Deposit Order.[3]In accordance with the terms of rule 39(4) of the 2013 Rules, I declared that the complaint of sex discrimination under the Equality Act 2010 be struck out. It was appropriate in the circumstances that the sum of £125 paid by the claimant be returned to him. Case Number: 2303823/2018[4]This was the only complaint to be determined in the claim. Therefore, the telephone case management hearing fixed for 18 September 2020 and the full merits hearing fixed for 5 days starting on 15 March 2021 will not now take place.