EAT confirms deposit orders should not be used to clarify cases

In the case of Tree v South East Coastal Services Ambulance NHS Trust, the EAT held that a Tribunal cannot make a deposit order merely because the Claimant’s case is unclear.

At a case management hearing, the Employment Judge required the Claimant to make a deposit order of £1,000 to the Tribunal as he considered the Claimant’s disability discrimination claim had “little reasonable prospect of success.”

The Claimant appealed this decision to the EAT. On appeal, it was decided that the Employment Judge had misdirected himself in making a deposit order.  The EAT held that the correct approach when cases are unclear is to use case management orders, (such as an order for further and better particulars) rather than deposit orders.

This case will be welcomed by claimants, particularly those who are unrepresented and encounter difficulties setting out their claim. Please speak to a member of our employment team if you require further information.