Mr F Gray as the Executor for the Late Mrs A Gray v Glasgow City Council and Cordia (Services) LLP: 117113/2009
JUDGMENT
The claim is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim has not been actively pursued in terms of rule 38(1)(d)REASONS
[1]The claimant's solicitors having withdrawn from acting on her behalf, a strike out warning letter was sent to her executor on 31 March 2025 on the direction of an Employment Judge, following the claimant’s failure to reply to the Tribunal’s status enquiry letter asking for confirmation of her executor’s intention with regard to this claim.[2]That correspondence has been returned to the Tribunal Office indicating that the claimant’s executor no longer resides at the address provided on the ET1.[3]No steps have been taken by the claimant’s executor to advise the Tribunal of their new address. In the absence of this information the tribunal cannot communicate with the claimant’s executor. The Tribunal have been unable to give the claimant’s 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 claimant’s 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. 31 July 2025