Dr K Howe v Broseley Town Council — 2020

On 11 June 2020, Employment Judge Miller heard Dr K Howe's application for interim relief against Broseley Town Council by Skype. The Tribunal held that it appeared likely that, when the underlying complaint was determined, it would find that the reason, or principal reason, for the dismissal was the reason specified in section 103A of the Employment Rights Act 1996.

Because the Respondent stated that it was unwilling to reinstate or re-engage the Claimant, the Tribunal made an order for the continuation of the Claimant's contract of employment under section 130 Employment Rights Act 1996. The hearing was adjourned to 27 July 2020 at 10am for the final terms of that continuation order to be determined.

For the purposes of the continuation order only, the Tribunal fixed the Claimant's pay at the gross amount of £41,675 per annum, payable monthly in arrears at £3,472.90 per month. It also ordered that the Claimant continue to be a member of the Respondent's pension scheme and that the Respondent continue to pay employer pension contributions commensurate with a salary of £41,675 per annum.

The Tribunal recorded that other terms of the continuation order, including contractual increments, any obligation to pay for training, and the amount of arrears owed for the period from termination, would be determined at the resumed hearing. No final compensation award was made in this judgment.