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Legal Judgement

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Announcement Downton Parish Council successfully defends Employment Tribunal Claim The Judgement Claimant: Mrs B Cornish Respondent: Downton Parish Council Judgement: - • The complaint that the Respondent acted in breach of contract by failing to back date pension contributions into the Local Government Pension Scheme is not well-founded and is dismissed. • The complaint that the Claimant was constructively unfairly dismissed contrary to Section 94, 95, 98 and 111 Employment Rights Act 1996 (“the ERA”) is not well-founded and is dismissed. You can read Employment Judge Lambert’s full decision published on the GOV.UK Employment Tribunal Decisions website - link provided below. Statement by Downton Parish Council in response to this judgement Following exhaustive investigations spanning 3 years and a subsequent 2-year legal process, Employment Judge Lambert: • had “little hesitation in finding as fact that the Claimant did not make a request to join the LGPS prior to 1st November 2019”, and • dismissed all 14 of the Claimant’s allegations of constructive dismissal, determining that actions the Council had taken on all such matters were reasonable. Downton Parish Council regrets that this matter could not be resolved prior to legal proceedings but, after full consideration of the circumstances, the Council felt that there was no alternative but to defend the allegations made. By successfully defending this Employment Tribunal Claim, Downton Parish Council has protected £23,500 of local taxpayers’ money, as well as the good name and reputation of the Council. Downton Parish Council recognises that this has undoubtedly been a difficult 5-year period for many members of the community. Now that this judgment has been made, however, the Council sincerely hopes that the whole community will move forward in a courteous, conciliatory, and kind manner towards all those who were involved. Downton Parish Council looks forward to being able to focus, unimpeded, on new and exciting projects for the betterment of the parish. Issued by: Cllr Jane Brentor, Chair, on behalf of Downton Parish Council Date: 08 April 2025

Read Employment Judge Lambert’s full decision published on the GOV.UK website here 

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