Mr T Fulcher v Advanced Oncotherapy plc: 2408999/2023
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 £23,108.80 (for May to August 2023), (b) Unpaid salary in the gross sum of £1,599.85 (for 1 to 8 September 2023 when his employment ended). (c) Unpaid holiday entitlement of 1.75 days accrued at the date of termination of employment on 8 September 2023 in the gross sum of £466.62.(2) The respondent must therefore pay the claimant the total sum of £25,175.27 in settlement of their original complaints of unlawful deduction from wages and holiday pay.(3) The claimant accepts having considered the grounds of resistance 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) Notice pay. (c) Interest prior to the issue of the judgment in accordance with the Employment Tribunals (Interest) Order 1990. Accordingly, these 3 complaints are dismissed upon withdrawal by the claimant.