Cases121130/2008

Claimant v Glasgow City Council

5 March 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit. The claimant's executor failed to provide acceptable reasons by the deadline or request a hearing after being given the opportunity to do so.

Facts

This is a historical claim from 2008 brought by Mrs M Cairney against Glasgow City Council. The claimant has since deceased and the claim was being pursued by her executor. The tribunal gave the executor an opportunity to provide reasons why the claim should not be struck out by 25 February 2025 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 it has not been actively pursued. The claimant's executor failed to provide acceptable reasons or request a hearing within the deadline set.

Practical note

Executors pursuing claims on behalf of deceased claimants must actively 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
121130/2008
Decision date
5 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No