Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). The Executor failed to respond by 4 February 2025 or request a hearing after being given opportunity by the Tribunal on 14 January 2025.
Facts
This was a claim brought by Mrs B Timplalexis who has since deceased. The claim was pursued by her Executor. The case number indicates it was filed in 2009. On 14 January 2025, the Tribunal gave the Executor until 4 February 2025 to provide reasons why the claim should not be struck out or to request a hearing. 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 the claim has not been actively pursued. The Executor failed to provide acceptable reasons or request a hearing by the deadline.
Practical note
Claims can be struck out for non-pursuit where an executor or representative fails to engage with tribunal directions, even in long-running cases involving deceased claimants.
Legal authorities cited
Statutes
Case details
- Case number
- 115468/2009
- Decision date
- 18 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No