Mr C Wilde v OCS Group UK Ltd — 2021

The respondent applied under rule 39 for an order requiring the claimant to pay a deposit as a condition of continuing claims of disability discrimination. The respondent argued, among other matters, that the claimant was on a zero hours contract, that he had been offered alternative cleaning work at the Arndale Centre, and that decisions about work at the Manchester Central Exhibition Centre had not been taken by the respondent's employees, although that latter allegation was withdrawn during the hearing.

The tribunal considered that the alternative work at the Arndale Centre appeared to have resulted from the claimant's own approaches to different managers, rather than from the managers about whom he complained. It also considered the zero hours contract point to be of no real assistance at this stage, because the claimant alleged that agreed shifts had been cancelled and that other employees were offered work at the Manchester Central Exhibition Centre during the relevant period.

The tribunal concluded that the strength or weakness of the claimant's disability discrimination claims could only properly be assessed after evidence at the final hearing, including evidence from the relevant managers, the schedule of employees and hours worked, and the email said to have cancelled the claimant's shifts. It was not able or prepared to conclude that the claims had little prospects of success, and refused the deposit order application.