Claimant v South Lanarkshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for non-pursuit. The tribunal gave the claimant's executor an opportunity until 20 March 2024 to provide reasons why the claim should not be struck out or to request a hearing. The executor failed to respond or contact the tribunal, leading to the strike-out.
Facts
Mr R Robertson brought a claim against South Lanarkshire Council in 2014. Following Mr Robertson's death, the claim was continued by his executor. On 4 March 2024, the tribunal gave the executor until 20 March 2024 to provide reasons why the claim should not be struck out or to request a hearing. The executor did not respond or contact the tribunal.
Decision
The tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules on the grounds that it had not been actively pursued. The claimant's executor failed to respond to the tribunal's unless order and did not request a hearing or provide any explanation for the lack of pursuit.
Practical note
When a claimant dies and an executor takes over the claim, the executor must actively pursue the claim and respond to tribunal orders, or the claim will be struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 4102348/2014
- Decision date
- 22 March 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- South Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No