SIP Car Parks Ltd v K Hamad: 2405005/2022
JUDGMENT
[1]The Claimant’s employer’s contract claim is dismissed.REASONS
[1]The judgment above was, due to an oversight, not confirmed orally at the conclusion of the hearing or included in the previous written judgment.[2]The underlying claim by the Respondent was heard by me on 9th February 2023, resulting in an award being made to the Respondent. That claim had previously been adjourned from 30th September 2022 and the relevant notice of hearing, dated 4th October 2022 and sent to both parties, referred to the re-listing of both the Respondent’s claim and the Claimant’s employer’s contract claim. I note that the Claimant’s claim is put at £1,976.04 and that there had been a full response, dated 6th July 2022, by the Respondent to the Claimant’s claim which denied liability and put the Claimant to strict proof of any loss.[3]In advance of the hearing on 9th February 2023, an agreed bundle was produced by the Claimant and the Claimant was represented at that hearing by Mr Darren Butler, a senior consultant of the Claimant company. The Claimant’s claim was not Case No: 2405005/2022 referred to in the bundle prepared for the hearing and was not referred to by Mr Butler during the course of that hearing. Mr Butler did not ask for any award to be made in favour of the Claimant at any point during that hearing.[4]In the circumstances, I find it to be both proportionate and in accordance with the Overriding Objective to dismiss the Claimant’s claim without further recourse to the parties or the use of further resources of the Tribunal.