Mr G C Keke v APCOA Parking UK Ltd: 2305623/2021
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
By a letter dated 3 December 2021 the Tribunal gave the Claimant an opportunity to make representations or to request a hearing by 17 December 2021, as to why the complaint of unfair dismissal should not be struck out. The Claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of unfair dismissal is therefore struck out. The Claimant’s remaining claim(s) remains listed for hearing on a date to be set. _________________________ Employment Judge McLaren Date: 25 April 2022 Sent to the parties on Date: 25 April 2022 Case Number: 2305623/2021 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr G C Keke Respondent: APCOA Parking UK Limited Heard at: London South by CVP. On: 2 September 2022 Before: Employment Judge Truscott QC (sitting alone) Appearances For the claimant: In person. For the respondent: Mr E McFarlane consultant. JUDGMENT The claim is dismissed for want of jurisdiction. REASONS[1]The claimant was involved in a road traffic accident on 9 August 2021. He was absent from work thereafter. He then resigned. He sought to recover the difference between his statutory sick pay for September and October 2021 and his normal wage. He also sought to recover the cost of medical treatment [83] and be awarded compensation for the pain and suffering he sustained in consequence of his accident.[2]The respondent provided a detailed explanation of the payments made to the claimant both in the evidence tendered by Ms C Smith, its HR Manager and the documents produced in the bundle [72].[3]The respondent has paid the claimant the sums it is liable to pay under the contract of employment. The sums sought by the claimant are not within the jurisdiction of the employment tribunal but may be included in a claim for personal injury in the courts if the claimant can establish negligence on the part of another.[4]In these circumstances, the claim falls to be dismissed.