Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. Tribunal gave claimant's executor until 20 May 2025 to provide reasons why claim should not be struck out or request a hearing. No response was received from the executor.
Facts
This case was brought by Mr J Nolan as executor for the late Mrs I Nolan against Glasgow City Council. The claim originated in 2009. On 29 April 2025, the Tribunal gave the executor until 20 May 2025 to provide written reasons why the claim should not be struck out or to request a hearing. The executor failed to respond to this unless order.
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. The executor was given a clear opportunity to respond but failed to do so.
Practical note
Even where a claim is continued by an executor after a claimant's death, the claim will be struck out if the executor fails to actively pursue it or respond to tribunal directions.
Legal authorities cited
Statutes
Case details
- Case number
- 115158/2009
- Decision date
- 18 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No