Mrs F Nadeem v Rotherham Metropolitan Borough Council — 2023

Mrs F Nadeem brought claims for unfair dismissal and direct disability discrimination. On 24 May 2023 Employment Judge Rogerson found both complaints had little reasonable prospect of success and ordered a £20 deposit for each claim. The claimant paid only one £20 on 9 June 2023, and the tribunal could not tell which claim that payment was meant to cover.

After a further letter from Employment Judge Bright on 7 July 2023, the claimant still did not say which claim she wished to pursue. On 14 July 2023 Employment Judge Miller made an Unless Order requiring her by 4 pm on 21 July 2023 to identify which of the two claims was being pursued and which was not. The claimant sent a second £20 postal order, but it was sent to the wrong address and after the deadline, and Bristol Finance Office confirmed that only one deposit had been received.

Applying rule 38, rule 6 and the interests-of-justice test for setting aside an Unless Order, Employment Judge Miller refused to set the dismissal aside on 14 September 2023. He held that there had been no material compliance with the Unless Order, the default was complete, no explanation had been given for the failure to comply, and the respondent remained unable to know which claim was being advanced. The claim therefore remained dismissed.