Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d) after the claimant's executor failed to respond to tribunal correspondence by 24 July 2025 providing reasons why the claim should not be struck out or requesting a hearing.
Facts
The late Ms K Shimmin brought a claim against Glasgow City Council. Following her death, her executor Ms S Shimmin was substituted. On 16 June 2025, the tribunal wrote to the executor giving until 24 July 2025 to provide reasons why the claim should not be struck out or to request a hearing. The executor did not respond.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued, following the executor's failure to respond to the tribunal's correspondence.
Practical note
Executors pursuing employment claims on behalf of deceased claimants must actively engage with tribunal correspondence or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 118280/2010
- Decision date
- 22 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No