Miss Y Leal v S Rutherford and Borders Direct Payment Agency T/a Encompass: 4103007/2023
REASONS
The claimant was ordered to pay a deposit of £90 by 6 November 2024. The Order is dated 22 August 2024 and was sent to the claimant on 23 August 2024. The claimant has failed to pay this deposit by 6 November 2024. The claimant paid the deposit on 3 January 2025. Rule 40(4) of the Employment Tribunal Procedure Rules 2024 provides ”If the depositor fails to pay the deposit by the date specified by the deposit order, the Tribunal must strike out the specific allegation or argument to which the deposit order relates”. The specific allegations to which the deposit order relates are the allegations contained in Order (NINTH) of the Tribunal‘s Determination of 31st July 2024. Order (NINTH) says ”Makes the claimant’s subsisting claim in so far as directed against the third named respondent subject to a Deposit Order”. The allegations contained in Order (NINTH) of the Tribunal‘s Determination of 31st July 2024, namely the claimant‘s subsisting claim in so far as directed against the third named respondent is therefore struck out in accordance with rule 40(4) of the Procedure Rules.