McMillan v Eskmills Limited — 2025

At the open preliminary hearing on 2 April 2024, the tribunal considered only whether Ms McMillan had title to sue in proceedings brought on behalf of her deceased partner, Grant Fleming. The findings recorded that she was his life partner, but not his spouse or civil partner, that he died suddenly and unexpectedly on 17 August 2024, that he left no will, no executor had been appointed, and that his mother was his closest living relative. The tribunal also found that Mr Fleming had wanted to bring tribunal proceedings when well enough, but had not authorised Ms McMillan before his death to act in connection with the institution of these proceedings.

The tribunal applied s.206 of the Employment Rights Act 1996 and Fox v British Airways plc UKEAT/33/2012. It held that the claimant was not the deceased employee's personal representative and was not an appropriate person authorised by him before death. On that basis, it held that she did not have title to sue and dismissed the claim.

The reasons explain that the unfair dismissal complaint fell within Part X of the Employment Rights Act 1996, and that the unlawful deduction from wages complaint did not fall within the same statutory route. The tribunal also observed that the unlawful deduction and holiday pay complaints could in principle be brought by an executor of the deceased estate, or that the mother could potentially be appointed as executor or as an appropriate person, but that this had not happened in the present proceedings. No merits findings or monetary award were made.