What is a Deposit Order?
An Employment Tribunal has the ability to order a deposit order in any proceedings if some or all of the claim or response has little reasonable prospect of success. The other option is to strike out the claim or the response. However, showing that a claim or a response has no reasonable prospect of success is a high burden.
Once a deposit order is made, the paying party will have to put up a sum of money in if they want to continue with their claim. If the deposit isn’t paid, the claim or the response is then struck out.
A Tribunal can decide itself whether to list a claim for a preliminary hearing to consider whether a deposit order should be made or the Claimant or the Respondent (the parties to the claim) can make an application for a hearing to consider the same.
If you have questions or need advice it is advisable to get advice from qualified, specialist employment solicitors. Please get in touch with us on 01483 303636 to discuss your situation and see how we can help.