What can an employment judge do if he or she believes that a claim or response has little prospect of success?
If an employment judge considers that any specific allegation or argument in a claim has little reasonable prospect of success, he or she can make a deposit order against the claimant, requiring him or her to pay a deposit as a condition of being permitted to pursue that allegation or argument. If the claimant does not pay the amount ordered within the required timescale, the relevant part of his or her claim will be struck out.
An employment judge can also make a deposit order against a respondent if he or she considers that any specific argument or allegation in the response has little reasonable prospect of success.
If the relevant part of the case of the party that has paid the deposit is unsuccessful and a costs order is made against that party, the deposit will go towards paying the costs order. Otherwise, the deposit will be refunded.
If an employment judge considers that a claim or response, or part of one, has no reasonable prospect (rather than little reasonable prospect) of success, he or she can strike out the claim or response, or the relevant part.