Public & Commercial Services Union, R (on the application of) v Minister for the Civil Service

Public & Commercial Services Union, R (on the application of) v Minister for the Civil Service

Benefits under the CSCS for voluntary severance, enhanced benefits (additional period), and lump sum payments are protected by section 2(3) of the 1972 Act. The amended CSCS provisions affecting these benefits are unlawful and must be quashed. However, age discrimination amendments in Schedules 3 and 4 are textually and substantially severable and should not be quashed.

Parties
Claimant: Public and Commercial Services Union; Defendant: Minister for the Civil Service
Jurisdiction
England and Wales
Judgment Date
18 June 2010
Procedural Posture
Judicial Review / Post Judgment Clarification and Orders
Outcome
Partially allowed
Legal Topics
Civil Service Compensation Scheme, Statutory Interpretation, Severability of Unlawful Provisions, Protection of Accrued Rights
Administrative Law Employment Law Civil Service Compensation Scheme Statutory Interpretation Severability of Unlawful Provisions Protection of Accrued Rights

Case Brief

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Parties

Public and Commercial Services Union

Claimant

Minister for the Civil Service

Defendant

Procedural Posture

Judicial Review / Post Judgment Clarification and Orders

Legal Issues

  1. 1 Whether benefits under the CSCS for voluntary severance are protected by section 2(3) of the 1972 Act
  2. 2 Whether enhanced benefits (additional period) and lump sum payments are protected by section 2(3)
  3. 3 Whether the whole amended CSCS should be quashed or parts may be severed and saved

Ratio Decidendi

Benefits under the CSCS for voluntary severance, enhanced benefits (additional period), and lump sum payments are protected by section 2(3) of the 1972 Act. The amended CSCS provisions affecting these benefits are unlawful and must be quashed. However, age discrimination amendments in Schedules 3 and 4 are textually and substantially severable and should not be quashed.

Court Disposition

Partially allowed

Orders

  • The unlawful amendments to the CSCS are quashed.
  • Schedules 3 and 4 (age discrimination amendments) are severed and not quashed.