Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for non-pursuit. The Executor failed to provide written reasons by the deadline of 4 February 2025 or to request a hearing after being given the opportunity to do so on 21 January 2025.
Facts
This was a claim brought by the late Mrs N Dolan and continued by her executor Mr C Dolan. The case number indicates the claim was filed in 2010. On 21 January 2025, the Tribunal gave the Executor an opportunity to provide written reasons by 4 February 2025 or request a hearing to show cause why the claim should not be struck out. The Executor failed to respond or provide acceptable reasons.
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 failed to comply with the Tribunal's direction to provide reasons or request a hearing.
Practical note
Executors continuing claims on behalf of deceased claimants must actively pursue those claims and respond to tribunal directions, or risk strike out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 115851/2010
- Decision date
- 11 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No