Claimant v Eskmills Limited
Outcome
Individual claims
The claim was brought by the deceased employee's life partner who had no legal standing (title to sue) as she was not a personal representative or executor and had not been authorized by the deceased or appointed by the tribunal. Under Section 206 ERA 1996, appointment must precede institution of proceedings.
The claim was brought by the deceased employee's life partner who had no legal standing (title to sue) as she was not a personal representative or executor and had not been authorized by the deceased or appointed by the tribunal. Under Section 206 ERA 1996, appointment must precede institution of proceedings.
The claim was brought by the deceased employee's life partner who had no legal standing (title to sue) as she was not a personal representative or executor and had not been authorized by the deceased or appointed by the tribunal.
The claim was brought by the deceased employee's life partner who had no legal standing (title to sue) as she was not a personal representative or executor. Section 206 ERA 1996 does not apply to Part II complaints and could only be brought by an executor of the deceased estate.
The claim was brought by the deceased employee's life partner who had no legal standing (title to sue) as she was not a personal representative or executor and such claims can only be brought by an executor of the deceased estate.
Facts
Grant Fleming died suddenly on 17 August 2024, shortly after his employment with Eskmills ended on 7 May 2024. His life partner of 14 years, Lesley McMillan, attempted to bring tribunal claims on his behalf for automatically unfair constructive dismissal by reason of whistleblowing, unlawful deduction from wages, and holiday pay. He had no will, no executor was appointed, and his mother was his closest living relative. McMillan believed she could honour his wishes to pursue the claims but had not been legally authorized by him to do so.
Decision
The tribunal dismissed all claims on the basis that the claimant had no title to sue. Under Section 206 ERA 1996, claims on behalf of deceased employees must be brought by a personal representative (executor) or an appropriate person appointed by the tribunal, and such appointment must precede the institution of proceedings. The claimant was neither an executor nor had been authorized by the deceased or appointed by the tribunal.
Practical note
Claims on behalf of deceased employees require proper legal standing through executorship or tribunal appointment before proceedings can be validly instituted; life partners without such status have no automatic right to bring claims even in long-standing relationships.
Legal authorities cited
Statutes
Case details
- Case number
- 4107403/2024
- Decision date
- 7 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Eskmills Limited
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 5 months
Claimant representation
- Represented
- No