FDA v Prime Minister

On 28 April 2020 the High Court granted permission for a judicial review of the Prime Minster’s decision that conduct of the Home Secretary did not breach the Ministerial Code. The claim is brought by FDA, a civil service trade union.

In the claim, the claimant argues that the reference to bullying, harassment and discrimination in paragraph 1.2 of the Code reflects the terms contained in civil service policies and workplace standards and that the Prime Minister erred in applying a different concept of “bullying” than would be applied under those policies. At an oral renewal hearing, Mr Justice Linden held that the point is arguable and that it is arguable that the claim is justiciable. He therefore granted permission for a full judicial review hearing to consider the claim. The Judge refused permission on a second ground that the Prime Minister should have amended the Code.

Tom Hickman QC represented the claimant.

Sir James Eadie and Jason Pobjoy acted for the defendant.