Claimant v AstraZeneca UK Limited
Outcome
Individual claims
Claim struck out under Rule 38(1)(d) for failure to actively pursue. The tribunal wrote to the personal representatives on 7 November 2024 and 6 January 2025 giving opportunity to make representations or request a hearing, but no reply was received.
Facts
A claim was brought by the personal representatives of the late Mrs N Holden against AstraZeneca UK Limited. The tribunal wrote to the personal representatives on 7 November 2024 and again on 6 January 2025 giving them opportunity to make representations or request a hearing as to why the claim should not be struck out for non-pursuit. No reply was received to either letter.
Decision
The tribunal struck out the claim under Rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 because it had not been actively pursued. The personal representatives failed to respond to the tribunal's letters despite being given two opportunities to engage with the proceedings.
Practical note
Personal representatives pursuing claims on behalf of deceased claimants must actively engage with tribunal correspondence or risk having the claim struck out for non-pursuit, even in sensitive circumstances involving a death.
Legal authorities cited
Statutes
Case details
- Case number
- 2401720/2023
- Decision date
- 25 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No