Dr C Allen-Megahey v Advanced Oncotherapy plc: 2408990/2023
JUDGMENT
The judgment of the Tribunal is that:(1) The Tribunal has jurisdiction to hear the claim because the respondent’s business is conducted within England and Wales.(2) 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 £90,416.69, (for May to August 2023). (b) Unpaid salary in the gross sum of £2,980.77, (for the retention payment due in June 2023 and representing 1 week’s earnings).(3) The respondent must therefore pay the claimant the total sum of £93,397.46 in settlement of their original complaints of unlawful deduction from wages.(4) The claimant has not particularised her complaint seeking holiday pay and remains employed by the respondent. No determination can therefore be made regarding this complaint as the respondent disputes that the claimant can claim this loss and it remains outstanding. Case No: 2408990/2023 2(5) The complaint of purchased holiday and salary sacrifice payments cannot be determined in this judgment as the respondent disputes that the claimant can claim this loss and remain outstanding.(6) The claimant accepts that the Tribunal does not have jurisdiction to determine the complaint in respect of: (a) Unpaid pension contributions which should have been made by the respondent on the claimant’s behalf. (b) Fees and interest accrued. Accordingly, these 2 complaints are dismissed upon withdrawal by the claimant.(7) The claimant has also made an application to amend her claim on 4 January 2024 which seeks to update his losses arising since she presented the original claim form. In the absence of any objection from the respondent and their nonattendance 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.