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The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020
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Deposit orders
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34.—(1) Where at a preliminary hearing under rule 48 the tribunal considers that any specific allegation or argument in a claim or response has little reasonable prospect of success, it may make an order requiring a party (“the paying party”) to pay a deposit not exceeding £500 as a condition of being permitted to continue to take part in the proceedings.
(2) The tribunal shall make reasonable enquiries into the paying party’s ability to pay the deposit and have regard to any such information when deciding the amount of the deposit.
(3) The tribunal’s reasons for making the deposit order shall be provided with the order and the paying party must be notified about the potential consequences of the order.
(4) If the paying party fails to pay the deposit by the date specified, the claim or response of that party or, as the case may be, the part of it to which the deposit order relates shall be struck out. Where a response is struck out, the effect shall be as if no response had been presented, as set out in rule 19.
(5) If the tribunal at any stage following the making of a deposit order decides the specific allegation or argument against the paying party for substantially the reasons given in the deposit order—
(a)the paying party shall be treated as having acted unreasonably in pursuing that specific allegation or argument for the purpose of rule 73 (tribunal’s consideration as to whether to make a costs or preparation time order), unless the contrary is shown; and
(b)the deposit shall be paid to the other party (or, if there is more than one, to such other party or parties as the tribunal orders),
otherwise the deposit shall be refunded.
(6) If a deposit has been paid to a party under paragraph (5)(b) and a costs or preparation time order has been made against the paying party in favour of the party who received the deposit, the amount of the deposit shall count towards the settlement of that order.
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