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Reasons for a Deposit Order, meaning of “with the order”

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  • Reasons for a Deposit Order, meaning of “with the order”

    Rule 39(3) of the Employment Tribunal Rules 2013 about the reasons for a Deposit Order says:

    “(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.”

    I would like to know if “with the order” means that the reasons for the Deposit Order should be in the same document as the Deposit Order or it means that they should be sent at the same time as the Deposit Order but possibly in a different document
    Tags: None

  • #2
    Welcome back.
    I would say that the word "with" means that the reasons should accompany the order, self-evidently in a separate document.. The rule does not specify that the reasons should be set out in the order.

    ​​​​​​​Is the question purely academic, or is there something that has caused you to ask?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Rule 62 says that the tribunal should provide the reasons for an order but the reasons could be provided another day that the order

      However, Rule 39(3) says that for Deposit Order the reasons should be provided with the order which means together with it maybe at in a different documents but provided at the same time as the order or also more likely in the order itself. There is no reason to waste the resources of the Employment Tribunal by issuing two documents if one is enough

      Comment


      • #4
        As ever, you have an interesting point of view.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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