Miss A McGrath v Hellermann Tyton Group plc: 2408948/2023

EMPLOYMENT TRIBUNALS
Case No 2408948/2023
Miss A McGrathClaimantHellermann Tyton Group plcRespondent
Employment Judge HorneMr L Gabbie (instructed by solicitor) for claimantMr M Dulovic (instructed by counsel) for respondentDate 18 March 2024

JUDGMENT

[1]This judgment is made under rule 27 of the Employment Tribunal Rules of Procedure 2013.[2]The complaint of unfair dismissal is not permitted to proceed.[3]The complaint of discrimination arising from disability is permitted to proceed.[4]The complaints of failure to make adjustments are permitted to proceed (but are the subject of a separate deposit order).[5]No other part of the claim is permitted to proceed. Employment Judge Horne 2 February 2024

REASONS

[1]Rule 39(4) of the Employment Tribunal Rules of Procedure 2013 provides, that where the tribunal has made a deposit order, “If the paying party fails to pay the deposit by the date specified the specific allegation or argument to which the deposit order relates shall be struck out.”[2]The claimant was ordered to pay a deposit of £300.00 following a preliminary hearing held on 27 January 2024. The deposit was a condition of proceeding with her complaints of failure to make adjustments, within the meaning of section 20 of the Equality Act 2010.[3]The deposit order was sent to the parties on 12 February 2024. The deadline for paying the deposit was 28 February 2024.[4]The claimant has not paid the deposit.[5]The complaints of failure to make adjustments are therefore struck out under rule 39(4).[6]This judgment does not affect the remainder of the claim. It does not affect the date of the next hearing.