The FDA, a trade union which represents civil servants, has lost a High Court challenge over Boris Johnson’s decision to back Home Secretary Priti Patel following accusations of bullying. The court case was brought after the Prime Minister went against the findings of the then adviser on ministerial standards, Sir Alex Allan, to keep Ms Patel in post. The adviser found Ms Patel had not always treated civil servants with “consideration and respect” and in a report published last November he said the Home Secretary had breached the ministerial code.
In a ruling released on Monday, Lord Justice Lewis, sitting with Mrs Justice Steyn, dismissed the FDA’s claim. The judge said: “The question for this court is whether the prime minister proceeded on the basis that conduct would not fall within the description of bullying within paragraph 1.2 of the Ministerial Code if the person concerned was unaware of, or did not intend, the harm or offence caused. Reading the statement (made by Johnson) as a whole, and in context, we do not consider that the prime minister misdirected himself in that way.”
Despite the case being dismissed, the FDA general secretary Dave Penman said the judgement was an “important step forward in the battle to ensure that ministers are held to account for their behaviour in the workplace”.
He added: “The court has also determined that while the prime minister is the ultimate arbiter of the code, this does not mean that he can give any interpretation he chooses of the words in it. The court rejected this argument and aligned bullying in the code with how it is understood in workplaces across the UK. There cannot be one rule for ministers and one rule for the rest of us when it comes to bullying and harassment, and this judgment confirms that the prime minister cannot simply make up whatever definitions or standards he chooses.”
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
