East Ayrshire Council

Case Summary

The claim brought by the executor of the late Ms A Buchanan against East Ayrshire Council was struck out under rule 37 of the Employment Tribunals Rules. The tribunal gave the claimant's executor an opportunity to provide written reasons or request a hearing by 2 July 2024 as to why the claim should not be struck out. The executor failed to respond with acceptable reasons or request a hearing, and the tribunal accordingly struck out the claim.

The claim was struck out because the claimant's executor failed to provide acceptable written reasons why the claim should not be struck out, or request a hearing, despite being given an opportunity to do so by 2 July 2024.

• •Whether claim should be struck out for lack of active pursuit

EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4102451/2014 Executor of the late Ms A Buchanan Claimant East Ayrshire Council Respondents JUDGMENT The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment T ribunals (Constitution and Rules of Procedure) Regulations 201 3 on the grounds that the claim has not been actively pursued in terms of rule 37(1 )(d) REASONS 1. On 18 June 2024 the Tribunal gave the claimant’s executor an opportunity to give written reasons by 2 July 2024 or to request a hearing in order to consider why the claim should not be struck out. 2. The claimant’s executor has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim. Employment Judge: F Eccles Date of Judgment: 14 August 2024 Entered in register: 14 August 2024 and copied to parties