FIRE BRIGADES UNION (R on the application of) v HIS MAJESTY’S TREASURY

FIRE BRIGADES UNION (R on the application of) v HIS MAJESTY’S TREASURY

The inclusion of McCloud remedy costs in the Cost Control Mechanism under the 2021 Directions was lawful under the Public Service Pensions Act 2013; no enforceable legitimate expectation was created; no actionable indirect discrimination occurred; no duty to consult arose; the Public Sector Equality Duty was discharged; and the Tameside duty was not breached.

Parties
Claimant: Fire Brigades Union; Claimant: Joshua Dunn; Claimant: Chloe Reid; Claimant: British Medical Association; Defendant: His Majesty’s Treasury; Defendant: Secretary of State for the Home Department; Defendant: Secretary of State for Health and Social Care
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applications for judicial review dismissed.
Legal Topics
Cost Control Mechanism, Public Service Pensions, Legitimate Expectation, Discrimination, Consultation Duty, Padfield Principle, Public Sector Equality Duty, Tameside Duty
Administrative Law Pensions Law Equality Law Cost Control Mechanism Public Service Pensions Legitimate Expectation Discrimination Consultation Duty +3 more

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Parties

Fire Brigades Union

Claimant

Joshua Dunn

Claimant

Chloe Reid

Claimant

British Medical Association

Claimant

His Majesty’s Treasury

Defendant

Secretary of State for the Home Department

Defendant

Secretary of State for Health and Social Care

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether inclusion of McCloud remedy costs in the Cost Control Mechanism is lawful under the Public Service Pensions Act 2013
  2. 2 Whether legitimate expectation was breached by including remedy costs
  3. 3 Whether the 2021 Directions are discriminatory

Ratio Decidendi

The inclusion of McCloud remedy costs in the Cost Control Mechanism under the 2021 Directions was lawful under the Public Service Pensions Act 2013; no enforceable legitimate expectation was created; no actionable indirect discrimination occurred; no duty to consult arose; the Public Sector Equality Duty was discharged; and the Tameside duty was not breached.

Court Disposition

Applications for judicial review dismissed.