Deposit order

Case 4: The facts

If a judge decides that a claim has little prospect of success, s/he can order the claimant to pay a deposit of up to £500, but must take account of the claimant’s ability to pay.

A judge ordered Ms Jansen van Rensburg to pay a £100 deposit as a condition of continuing her claims, taking into account the fact that she was working part-time as a psychotherapist. Van Rensburg appealed against the deposit order; she also sent a cheque to the tribunal, saying she did not want it to be cashed until her appeal’s outcome was known. Her claim was subsequently struck out, under rules which state that a judge “shall” strike out a claim if the deposit is not paid.

The ruling

The Employment Appeal Tribunal (EAT) dismissed van Rensburg’s claim that she believed she did not have to pay the deposit until the outcome of the appeal was known; the tribunal correspondence showed that she had been told this was not the case and had been given an extension of time in which to pay.

The EAT added that a tribunal can take account of facts and not just legal issues when deciding to order a deposit, even if those facts are in dispute. The EAT found that the tribunal had acted lawfully, both in ordering the deposit and in striking out van Rensberg’s claim.