The following Employment guidance note provides comprehensive and up to date legal information covering:
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 to be doubtful. As such, a deposit order is a significant deterrent to the pursuit of a claim; if not paid, the effect of a deposit order will be the same as a strike out.
The time for consideration of whether or not a deposit order should be made is
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234