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Hello, My question relates to an Employment Tribunal Claim. A deposit was ordered for part of my claim which was deemed unlikely to succeed due to insufficient evidence. The reason that there was insufficient evidence was that the ET declined to enforce a Request for an Order for my former employer to supply the evidence I needed, saying it could wait until after the pre-hearing. I took this to mean that my claim could not be dismissed for lack of evidence, only on a point of law. Is it usual to deny an applicant access to the evidence they need to make their case, and then dismiss it for lack of evidence? Secondly, I supplied an abundance of evidence to show that I was not in a position to pay the deposit, but this was ignored. I have now found a reference to payment of a deposit in the ET Rules of Procedure 2004 that states: 20 (2) No order shall be made under this rule unless the chairman has taken reasonable steps to ascertain the ability of the party against whom it is proposed to make the order to comply with such an order, and has taken account of any information so ascertained in determining the amount of the deposit. No effort whatsoever was made by the ET to ascertain whether or not I could pay the deposit, and the evidence I submitted at appeal met with the following statement: 2) I do not regard any of the material which the claimant has referred to or included in her Fresh Notice and Grounds of Appeal as capable of being regarded as Fresh Evidence, as defined by the Court of Appeal in Ladd v Marshall; if it were I would stay the Appeal pursuant to paragraph 1 of the Practice Statement of 212 until any application for review on the grounds of Fresh Evidence had been disposed of but in the circumstances here the material does not warrant that course. This evidence cannot be adduced now; it is too late." I don't understand. If the Employment Tribunal did not do its job in checking whether or not I could pay the deposit, why is it "too late"?
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