Redundancy challenge fails

Civil service unions the PCS and the POA have lost their legal battle to stop government cuts to redundancy terms for civil servants, despite the judge agreeing that existing rights should be protected under human rights legislation.

Under the new scheme, redundancy pay has been reduced by up to two-thirds for some civil servants.

PCS and the POA challenged the imposition of the new civil service compensation scheme under article 1 of protocol 1 of the European convention on human rights — which protects possessions — and article 11 on free assembly, arguing changes were imposed without consent.

Mr Justice McCombe agreed that rights to certain redundancy terms had accrued through length of service and were classed as a “possession” and should not be “interfered with”.

But he ruled that ministers had not acted unlawfully because they had justified the cuts as a way of tackling the budget deficit and it was not for the court to interfere with the government’s economic or social policy.

PCS deputy general secretary Hugh Lanning said: “We are pleased the judge agreed with our central argument that existing rights to redundancy pay should not be taken away without consent, but naturally disappointed he ruled he could not interfere in the government’s economic policies.”