Law queries

One of our members has recently died. He had been pursuing a disability discrimination against his employer at the time of his death.

We have been told that because we are in Scotland the claim dies with him. Is this the case?

Your member's claim can still be pursued. The Employment Appeal Tribunal has recently held that the executors of the estate of a deceased person can pursue disability discrimination claims against employers, in England, Wales and in Scotland.

They can do this in Scotland even though there is no express Scottish legislation, which confers rights on executors, as there is in the rest of Britain.

* More information: Executors of Soutar v James Murray & Co [2002] IRLR 22