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Deposit order disaster: EAT confirms deposit orders should not be used to clarify cases

07 September 2017 #Employment


In the case of Tree v South East Coastal Services Ambulance NHS Trust, the EAT held that a Tribunal cannot make a deposit order merely because the Claimant’s case is unclear.

At a case management hearing, the Employment Judge required the Claimant to make a deposit order of £1,000 to the Tribunal as he considered the Claimant’s disability discrimination claim had “little reasonable prospect of success.”

The Claimant appealed this decision to the EAT. On appeal, it was decided that the Employment Judge had misdirected himself in making a deposit order.  The EAT held that the correct approach when cases are unclear is to use case management orders, (such as an order for further and better particulars) rather than deposit orders.

This case will be welcomed by claimants, particularly those who are unrepresented and encounter difficulties setting out their claim. Please speak to a member of our employment team if you require further information.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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Kate Walsh

Kate Walsh
Senior Solicitor

E: kwalsh@clarkslegal.com
T: 0118 960 4692
M: 07776 305 578

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