Mr P Foley v Glasgow City Council: 4112428/2018

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4112428/2018
Mr P FoleyClaimantGlasgow City CouncilRespondent
Date 16 December 2024

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[1]The claimant's solicitors having withdrawn from acting on his behalf, a letter was sent to the executor of the claimant on 15 November 2024 on the direction of an Employment Judge asking for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 or executor no longer resides at the address provided on the ET1.[3]No steps were taken by the claimant or his 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