Deposit orders in the employment tribunal

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Deposit orders in the employment tribunal
  • When a deposit order may be made
  • The form of a deposit order, its amount and accompanying information
  • Consequences of failure to pay the deposit
  • Strike-out of all of a claim
  • Strike-out of part of a claim
  • Strike-out of part of a response
  • Strike-out of the entire response
  • Consequences when the issue for which the deposit was paid is decided

Deposit orders in the employment tribunal

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

Where some or all of a claim or response has no reasonable prospect of success, the appropriate approach may be to strike it out: see Striking out and unless orders in employment tribunal proceedings—Striking out where there is no reasonable prospect of success.

Establishing that some or all of a claim or response has no reasonable prospect of success is a high hurdle; the test will not be passed where the prospects are merely doubtful or poor if there is still a realistic (albeit weak) possibility that the relevant party will succeed on the point(s) in question. Where the threshold for striking out cannot be reached, but some or all of the claim or response is nonetheless weak, a deposit order may be the appropriate tool instead.

A deposit order requires a party at a preliminary stage to put up a sum of money in order to be allowed to continue with the allegations or arguments in its claim or response which are thought

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