Mr M Giles v Advanced Oncotherapy plc: 2408975/2023

EMPLOYMENT TRIBUNALS

Case No 2408975/2023

Between

Mr M GilesClaimant

Advanced Oncotherapy plcRespondent

Before

Judge Johnson

Not represented for respondent

Date 29 February 2024

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 £24,176.52 (for May to August 2023), (b) unpaid salary in the gross sum of £1394.80 (in respect of the retention bonus representing one week’s pay and payable in June 2023). (c) A refund of salary deductions in respect of additional pension contributions by the claimant in the gross sum of £604.42. (d) Unpaid holiday entitlement of 6.7 days accrued at the date of termination of employment on 9 September 2023 in the gross sum of 1,869.03.

(2) The respondent must therefore pay the claimant the total sum of £14,621.23 in settlement of their original complaints of unlawful deduction from wages and holiday pay.

(3) The claimant accepts that the Tribunal does not have jurisdiction to determine: (a) The complaint in respect of unpaid pension contributions which should have been made by the respondent on the claimant’s behalf. (b) The complaint in respect of interest which is contrary to the Employment Tribunals (Interest) Order 1990. (c) The complaint of unfair dismissal which was brought with the original claim form presented on 23 August 2023, while the claimant was still employed by the respondent. Accordingly, the claimant agrees that these three complaints can be dismissed upon his withdrawal.

(4) The claimant has also made an application to amend his claim on 5 January 2024 which provides detail of additional unpaid wages arising following the presentation of the original claim as well as a complaint of constructive unfair dismissal. This application is not allowed as it was presented out of time following the effective date of termination on 9 September 2023, with no further early conciliation certificate being provided in accordance with the relevant provisions of the Employment Rights Act 1996. Accordingly, the Tribunal does not have jurisdiction to hear the proposed amended complaints.