Mrs M Ellington (Deceased) v Glasgow City Council: 121893/2009
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[1]The claimant's solicitors having withdrawn from acting on her behalf, a letter was sent to her executor on 14 November 2024 on the direction of an Employment Judge asking for confirmation of their 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 has been unable to give the claimant’s executor notice under rule 38(2) of the Employment Tribunal Procedure Rules 2024.[4]The Tribunal assumes in these circumstances that they no longer wish to pursue the claim, which is struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024. F Eccles 18 February 2025