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 provide acceptable reasons or request a hearing by the deadline of 24 January 2025.
Facts
The original claimant Mrs E Wilson had brought a claim against Glasgow City Council. Following her death, the claim was continued by Mr G Wilson as executor. On 10 January 2025, the Tribunal gave the executor an opportunity to provide written reasons by 24 January 2025 or request a hearing to explain why the claim should not be struck out. The executor failed to respond or 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 it had not been actively pursued. The executor failed to provide acceptable reasons or request a hearing by the deadline.
Practical note
Claims continued by executors after a claimant's death will be struck out for non-pursuit if the executor fails to engage with tribunal orders requiring them to show cause why the claim should continue.
Legal authorities cited
Statutes
Case details
- Case number
- 116244/2010
- Decision date
- 27 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No