G.S. 166
CONFIDENTIAL # #
For discussion
HKK430
XCC(79)107
PAJ 22.1
49A
Copy No Page 1
of 80
on 20th November 1979
RECEIVED IN REGISTRY NO 51
27 NOV 1979
DESK OFFI
.
REGISTRY
MEMORANDUM FOR EXECUTIVE COUNCIL
PUBLIC OFFICERS (INDUSTRIAL ACTION) BILL 1979
Introduction
The Public Officers (Industrial Action) Bill 1979 seeks to provide the Government as an employer with the power to make deductions from pay or to suspend without pay if a public officer fails to perform his usual duties.
Background
2
In March 1976 the Secretary for the Civil Service under Civil Service Regulation 610 reduced the salaries of a number of Govern- ment Servants known as "Demarcators". They were dissatisfied with their conditions and took industrial action by what they called "working-to rule" but which in fact meant declining to perform particular duties which they had always done before, but which they had more latterly alleged were not strictly part of their usual duties. The Demarcators sought declarations that the reductions in salaries were in breach of their contracts of employ- ment. The Government relied on Civil Service Regulation 610 which was, it was argued, expressly incorporated into the contract of employment and entitled the Secretary for the Civil Service to make appropriate deductions. Cons J ruled that the Civil Service Regulations were not intended by either party to create binding legal relations, because:
(1)
(2)
Regulation 2 states "they shall have no force in law"
Regulations 1 and 4 suggested they were not intended to be contractual terms, because they could be so easily made, changed, abrogated or ignored,
The Government appealed but the Court of Appeal held that the way in which the reductions had been made was wrong, and declined to decide whether the Civil Service Regulations formed part of the Contract of employment.
3
The then Attorney General's view, which is shared by the present Attorney General was that there were good grounds for challenging the correctness of the Demarcators' decision, leading as it did to the some- what surprising conclusion that regulations which have been acted upon, acknowledged and respected as binding for a great many years, had all along been of no legal significance whatever. At that time the policy was that if future cases arose, the Civil Service Regulations would be relied upon and the matter taken through to the Court of Appeal.
CONFIDENTIAL
機密
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