Cases115067/2009

Claimant v Glasgow City Council

2 June 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d) after the claimant's executor failed to provide acceptable reasons or request a hearing by the deadline of 10 April 2025.

Facts

This was a claim brought by the executor of the late Mrs C Miller against Glasgow City Council and Cordia (Services) LLP. The claim was originally filed in 2009. The original claimant had died and the case was being continued by her executor Ms S Miller. The tribunal gave the executor until 10 April 2025 to provide reasons why the claim should not be struck out or to request a hearing.

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 claimant's executor failed to provide acceptable reasons or request a hearing by the deadline.

Practical note

Executors continuing employment tribunal claims on behalf of deceased claimants must actively pursue the claim and respond to tribunal directions, or risk strike-out for non-pursuit.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
115067/2009
Decision date
2 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No