Deposit orders in the Employment Tribunal

Book your free initial call

    We endeavour to make an initial response to all enquiries within 24 hours but please be aware that on some occasions due to prior commitments or volume of calls we will not be able to respond in that time frame. We also operate a 48 hour return policy. This return policy means that if we have not responded with 48 hours of your initial enquiry we are unable to do so due to current workloads and we will destroy your data accordingly. This policy ensures you are not left waiting and have the certainty that your data is not compromised. In most instances however we are able to make contact within a 24 hour time frame. Please note our free initial advice service is available to clients at our total discretion and if your case is of a complex nature we may not be able to offer you a free consultation. However in these instances we will advise you what the charge would be for an initial fixed fee consultation.
  • (view our privacy statement)
  • This field is for validation purposes and should be left unchanged.

​Under Rule 39(1) of the Employment Tribunal (Constitution & Rules of Procedure) Regulations 2013 a Tribunal is permitted to make an order requiring a party to pay a deposit not exceeding £1,000 as a condition of continuing to advance an allegation or argument in the ET1 or ET3. Traditionally Tribunals could only order £1,000 in total as a condition for continuing with the claim rather than in respect of just part of the claim.

We now have an EAT decision on the new rules which upheld the Tribunal’s decision to order a Claimant to pay a deposit order in their claim for discrimination and whistleblowing. In that case the Tribunal Judge ordered a £300 deposit order in respect of each of the seven allegations made so the deposit order was £2,100.00 if the Claimant wanted to continue with the claim in its entirety. The EAT noted the wide discretion Tribunals have in ordering a deposit and on setting the amount and confirmed that there was no overall limit to the amount of the total deposit order provided each order in respect of a specific allegation did not exceed £1,000. So in this case the seven deposit orders did not exceed the permitted amount.

Written by Laura Warrender
4th November 2014