Mr M Giles v Advanced Oncotherapy plc HELD AT: Manchester — 2024

The respondent did not attend the hearing on 29 February 2024 before Employment Judge Johnson at Manchester. In its ET3 presented on 30 November 2023 the respondent had admitted that the claimant was entitled to unpaid salary of £24,176.52 (May to August 2023), a retention bonus of £1,394.80 payable in June 2023, a refund of £604.42 in respect of additional pension contributions deducted from the claimant, and £1,869.03 representing 6.7 days of accrued but unpaid holiday at termination on 9 September 2023. The Tribunal ordered the respondent to pay the claimant a total of £14,621.23 in settlement of the original complaints of unlawful deduction from wages and holiday pay.

The Tribunal recorded that the claimant accepted it had no jurisdiction over three further matters in the original claim: a complaint about unpaid employer pension contributions, a complaint for interest contrary to the Employment Tribunals (Interest) Order 1990, and an unfair dismissal complaint that had been presented on 23 August 2023 while the claimant was still employed. These three complaints were dismissed on withdrawal.

The claimant's 5 January 2024 application to amend his claim to add further unpaid wages and a complaint of constructive unfair dismissal was refused. The Tribunal held that the amendment was out of time following the effective date of termination on 9 September 2023, that no further early conciliation certificate had been provided as required by the Employment Rights Act 1996, and that it therefore lacked jurisdiction to hear the proposed amended complaints.