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117113/2009Struck Out

Glasgow City Council and Cordia (Services) LLP

31 July 2025ScotlandF Eccles
GOV.UK

Case Summary

The claim was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 due to the claimant's executor failing to respond to the tribunal and provide a new address.

Key Issues

  • Claim not actively pursued

Claim Types

Decision Text

EMPLOYMENT TRIBUNALS (SCOTLAND) EmploymentJudgeF Eccles Case Number: 117113/2009 Mr F Gray as the Executor for the Late Mrs A Gray Claimant Glasgow City Council Cordia (Services) LLP Respondents JUDGMENT The claim is struck out under rule 38 of theEmployment Tribunal Procedure Rules 2024 on the groundsthat 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 The claimant's solicitors having withdrawn from acting on her behalf, a strike out warning letter was sent to her executor on 31 March 2025 on thedirection of an Employment Judge, following the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 thatthe claimant’s executorno longer wishes to pursuetheclaim, which is struck out under rule 37(1)(d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. Date sent to parties 31 July 2025

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Employer

Respondent

Glasgow City Council and Cordia (Services) LLP

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Employment Details

Industry
Public Sector / Government

Case Details

Case Number
117113/2009
Tribunal
Employment Tribunal
Level
First instance
Decision Date
31/07/2025
Published
04/09/2025
Jurisdiction
Scotland
Judge
F Eccles