Dr C Allen-Megahey v Advanced Oncotherapy plc HELD AT: Manchester — 2024

The Tribunal confirmed it had jurisdiction to hear the claim because the respondent's business is conducted within England and Wales. The respondent did not attend the hearing on 29 February 2024, and the claimant appeared in person. The respondent had admitted in section 6.1 of its ET3 (presented on 30 November 2023) that the claimant was entitled to unpaid salary of £90,416.69 (for May to August 2023) and £2,980.77 (the retention payment due in June 2023, representing one week's earnings).

The Tribunal ordered the respondent to pay the claimant a total of £93,397.46 in settlement of the original complaints of unlawful deduction from wages. The complaint regarding holiday pay was not determined, as the claimant had not particularised it, remains employed by the respondent, and the respondent disputes it; the complaint relating to purchased holiday and salary sacrifice payments was similarly left outstanding. The claimant accepted that the Tribunal had no jurisdiction over complaints concerning unpaid pension contributions and fees/interest accrued, and these two complaints were dismissed upon withdrawal.

The claimant's application of 4 January 2024 to amend the claim, seeking to update losses arising since the original claim form, was allowed in the absence of any objection from the non-attending respondent. That complaint will be subject to case management orders within the Note of Preliminary Hearing for claimants in the Jimenez multiple, dated 22 February 2024.