Employment Tribunal can a wife carry on the claim

[honeygrey]

My brother in law is currently listed for a hearing at ET for a claim regarding unpaid wages and holiday pay. Sadly, he is in a bad way, diagnosed very recently with terminal cancer. I am trying to ascertain whether his wife/my sister, can carry on with the claim, should he die before the case is heard. It may sound callous, but I am just trying to take some of the pressure off them. He is very concerned that the money he has worked for will be lost. Thanks in advance.

[des8]

Employment Rights Act 1996 Sec 206

(3)Where an employee has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued by a personal representative of the deceased employee.

(4)If there is no personal representative of a deceased employee, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued on behalf of the estate of the deceased employee by any appropriate person appointed by the [F1employment tribunal].


tagging Ula

[ULA]

So sorry to hear about your brother-in-law.

To add to the information provided by des8 the definition of "appropriate person" detailed in (4) means someone who is either


(a) authorised by your brother-in-law before his death to act in connection with the proceedings, or

(b) is the he widow or widower, child, parent or brother or sister of the deceased employee.

This definition is also contained in the same section 206 of the ERA 1996