Ms D Florence v Secretary of State for Justice: 2604086/2020

EMPLOYMENT TRIBUNALS
Case No 2604086/2020
Ms D FlorenceClaimantSecretary of State for JusticeRespondent
Employment Judge ClarkIn person for claimantMs Mellor (instructed by Counsel) for respondentDate 17 March 2022

JUDGMENT

[1]The claim of unfair dismissal is struck out for lack of jurisdiction. It was presented out of time when it was reasonably practicable for it to be presented in time.[2]The respondent’s application for an order striking out the claim of direct sex discrimination is refused.[3]The respondent’s application for an order striking out the claim of direct race discrimination is refused.[4]Separate orders are made for the future case management of the remaining claims. EMPLOYMENT JUDGE: R Clark DATE: 20 January 2020

REASONS

[1]Following a preliminary hearing held on 19 January 2022, the claimant was ordered to pay deposits of £100 in respect of each of the two allegations of direct discrimination as a condition of those allegations being permitted to continue.[2]The Order was sent to the claimant on 25 January 2022. It made clear that the deposits, or one of them if the claimant decided to pursue only one of the two allegations, must be paid by no later than 25 February 2022. The claimant has failed to pay either deposit. The complaints of direct sex discrimination and direct race discrimination are therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.[3]The hearing fixed to commence on 28 November 2022 will not take place.