Mr D Baker v The Natural Power Consultant Limited — 2019

At a preliminary hearing in Glasgow on 19 March 2019, the tribunal considered whether to make a deposit order in relation to the claimant's direct age discrimination claim under section 13 of the Equality Act 2010. The respondent's solicitor said the final written warning had nothing to do with age and that there were no additional factors suggesting that age was the reason for the treatment complained of. The claimant said the charges were not substantiated, the process had not been followed, and that the reason must have been his age and high salary.

After discussion about the basis of the claimant's belief and the relevance of any concern to reduce salary costs, the claimant said he had a better understanding of what was required and accepted that the direct age discrimination claim had little reasonable prospect of success. He withdrew the claim, and the tribunal recorded that it would be dismissed under rule 52 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013.

Because the claim was withdrawn, there was no need to consider whether to make a deposit order. The tribunal noted that the final hearing would now proceed only on the constructive dismissal claim, and that it would remain before a full tribunal panel.