Judicial review application regarding the Government’s approach to consultation over civil service pay is dismissed


Re: R (FDA, PCSU and PROSPECT) v Minister for the Cabinet Office [2018] EWHC 2746 (Admin)

Three trade unions sought judicial review of the Government’s Civil Service pay remit guidance, with regards to consultation over the percentage range by which pay awards to civil servants are limited. The claimant’s case was primarily an alleged breach of the promise of consultation in accordance with Gunning principles, requiring consultation be undertaken at a time when proposals were still at a formative stage. Inter alia, on the facts, there was no legitimate expectation of the consultation, and it was not irrational not to enter into consultation with the claimants over the relevant figure.

Claire Darwin and Paul Skinner were involved in the case.