City of Edinburgh Council

Case Summary

The claim was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the ground that it has not been actively pursued. The claimant's solicitors withdrew from acting, and subsequent correspondence was returned indicating the claimant had died in 2020. The tribunal was unable to contact the claimant's executor and assumed the claim was no longer being pursued.

The claim was struck out because the claimant's solicitors withdrew from acting, the claimant died in 2020, and the tribunal was unable to contact the claimant's executor or obtain confirmation of intention to pursue the claim, leading to the assumption that the claim was no longer being pursued.

• •Whether claim has been actively pursued
• •Status of claim following claimant's death and solicitor withdrawal

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge L Wiseman Mrs P Hitchings(deceased)Claimant City Of Edinburgh CouncilRespondent 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 The claimant's solicitors having withdrawn from acting on her behalf, a letter was sent to her on 30 December 2025 on the direction of an Employment Judge asking for confirmation of her intention with regard to this claim. 2. That correspondence has been returned to the Tribunal Office indicating that the claimantdied in 2020 and no further information is held by the current owner of the house. 3. In the absence ofanyinformationregarding the claimant’s executor,the tribunal cannot communicateregarding the claim. The Tribunal have been unable to give the claimant’s executornotice under rule 38 of the Employment Tribunal Procedure Rules 2024. 4. TheTribunal assumes in these circumstances thatthe claimant’s executorno longer wishes to pursue her claim, which is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024. Date sent to parties27th February 2026