Mr D Goodyear v Mark Rutherford School Trust: 3303185/2024

EMPLOYMENT TRIBUNALS
Case No 3303185/2024
Mr Damon GoodyearClaimantMark Rutherford School TrustRespondent
Employment Judge MichellDate 23 May 2025

JUDGMENT

[1]UPON the tribunal having made a deposit order which required the claimant to pay a deposit by 13 March 2025 as a condition of being permitted to continue to advance his allegations of direct discrimination on grounds of age (s.13 Equality Act) and age-related harassment (s.26 Equality Act 2010). AND UPON the claimant having failed to pay any such deposit by the said time. The said allegations of direct discrimination and harassment are struck out pursuant to r.40(4) of the Employment Tribunal Procedure Rules 2024. For the avoidance of doubt, this judgment does not preclude the claimant from advancing the other allegations in his claim, including his allegation of indirect age discrimination founded on an alleged PCP of “bringing disciplinary allegations vexatiously against the claimant and/or calling into question the claimant's capability without good cause and otherwise than in accordance with the provisions of the capability policy”. That said allegation is subject to a deposit order in respect of which, pursuant to a separate tribunal order, the claimant now has until 16 May 2025 to make payment. Approved by[3]UPON the tribunal having made an order which (amongst other things) required the claimant to pay a deposit of £50 as a condition of being permitted to continue to advance his allegations of indirect age discrimination founded on an alleged provision, criterion or practise of “bringing disciplinary allegations vexatiously against the claimant and/or calling into question the claimant's capability without good cause and otherwise than in accordance with the provisions of the capability policy”. AND UPON the claimant having been given until 16 May 2025 to pay the said deposit pursuant to an order sent to the parties on 24 April 2025. AND UPON the claimant having failed to pay the said deposit by the said time. The said allegations of indirect age discrimination are struck out pursuant to r.40(4) of the Employment Tribunal Procedure Rules 2024. Approved by