Case 2408999/2023 · Employment Tribunal
Mr T Fulcher v Advanced Oncotherapy plc HELD AT: Manchester — 2024
- Case reference
- 2408999/2023
- Decision date
- 12 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson Date
Parties
2 namedClaimant
Mr T Fulcher
Key findings
Tribunal's reasoningThe claimant Mr T Fulcher brought complaints against Advanced Oncotherapy plc for unlawful deduction from wages and holiday pay. In its ET3 presented on 30 November 2023, the respondent admitted at section 6.1 that the claimant was entitled to unpaid salary of £23,108.80 gross (covering May to August 2023), unpaid salary of £1,599.85 gross (covering 1 to 8 September 2023, when employment ended), and unpaid holiday entitlement of 1.75 days accrued at termination valued at £466.62 gross. The respondent did not attend the hearing on 29 February 2024.
On the basis of those admissions, the Tribunal ordered the respondent to pay the claimant the total sum of £25,175.27 in settlement of the original complaints of unlawful deduction from wages and holiday pay.
The claimant accepted, having considered the grounds of resistance, that the Tribunal did not have jurisdiction to determine three further complaints, namely unpaid pension contributions, notice pay, and pre-judgment interest under the Employment Tribunals (Interest) Order 1990. Those three complaints were accordingly dismissed upon withdrawal by the claimant.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Respondent admitted in section 6.1 of its ET3 that the claimant was entitled to unpaid salary of £23,108.80 (May to August 2023) and £1,599.85 (1 to 8 September 2023). Respondent did not attend the hearing. | Upheld | — | £24,709 |
| Holiday pay | Respondent admitted entitlement to 1.75 days accrued holiday at termination on 8 September 2023, valued at £466.62 gross. | Upheld | — | £467 |
| Breach of contract | The claimant accepted that the Tribunal did not have jurisdiction over the complaint regarding notice pay; this complaint was dismissed upon withdrawal. | Withdrawn | — | — |
| Other | Complaint regarding unpaid pension contributions: claimant accepted Tribunal lacked jurisdiction; dismissed upon withdrawal. | Withdrawn | — | — |
| Other | Complaint regarding pre-judgment interest under the Employment Tribunals (Interest) Order 1990: claimant accepted Tribunal lacked jurisdiction; dismissed upon withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £25,175
- across all upheld claims
Legal tests applied
1 reference- Employment Tribunals (Interest) Order 1990
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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