Mr S Rains v Advanced Oncotherapy plc: 2408902/2023
JUDGMENT
The judgment of the Tribunal is that:(1) The respondent admitted in section 6.1 of its form ET3 presented on 30 November 2023 that the claimant is entitled to: (a) unpaid salary in the gross sum of £23,108.00 (for May to August j2023), (b) unpaid salary in the gross sum of £1333.00 (being a retention bonus payable in June 2023 representing 1 week’s pay),(2) The claimant has failed to particularise their losses payment in respect of salary deductions for the employee contribution to their personal pension and the respondent has been unable to respond to this particular complaint.(3) The respondent must therefore pay the claimant the total sum of £24,441.00 in settlement of their complaints of unlawful deduction from wages.(4) The claimant accepts that the Tribunal does not have jurisdiction to determine the complaint in respect of unpaid pension contributions which should have been made by the respondent as employer on the claimant’s behalf. The claimant accepts that this complaint should be dismissed upon withdrawal. Case No: 2408902/2023 2(5) The claimant has also made an application to amend his claim on 28 December 2023 which seeks to update his losses arising since he presented the original claim form. In the absence of any objection from the respondent and their non attendance at this hearing, the application is allowed and this complaint will be subject to case management orders as appropriate, within the Note of Preliminary Hearing for those claimants in the Jimenez multiple, dated 22 February 2024.