Mr S O'Donnell as the executor of the Late Mrs M O'Donnell v Glasgow City Council: 115949/2010
JUDGMENT
The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that the claim has not been actively pursued in terms of rule 37(1)(d).REASONS
[1]The claimant's solicitors having withdrawn from acting on her behalf, a letter was sent to the claimant’s executor on 15th November 2024 on the direction of an Employment Judge asking for confirmation of their intention with regard to this claim.[2]The Tribunal was contacted by the current occupier of the claimant’s address to confirm that neither he or the executor resided there.[3]No steps were taken by the claimant or her executor to advise the Tribunal of a new address. In the absence of this information the tribunal cannot communicate with the executor. The Tribunal have been unable to give the executor notice under rule 37(2) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[4]The Tribunal assumes in these circumstances that the executor no longer wishes to pursue the claim, which is struck out under rule 37(1)(d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. F Eccles Employment Judge (signature) F Eccles