10-APR-1992 09:10
PAUL FIFOOT
HKA 233/1
037272
MR STONE
I suggest the following change to paragraph 4 of your draft letter to Mrs Brown:
"14.
In your letter you asked whether it would be possible to limit eligibility for the compensation/incentive scheme to those who were members of HMOCS on, say, 1 January 1992, thus excluding those who are presently contract officers from the scheme. Contract officers have been told that they will have until 30th June to decide whether to opt for HMOCS, a deadline which has been put back on several occasions in the past. Given these facts, our legal advice is that the officers are entitled to claim that they have a legitimate expectation that they will have until 30 Junc in which to opt to switch to pensionable terms and to apply for membership of HMOCS. To attempt to bring that date forward particularly at a time when we have just given an outline of a scheme which is relevant to their decision would be a breach of good faith. It would be a much more serious breach of good faith to attempt to substitute a date the past and before the 7 April, and could well have significant consequences in the event of a judicial review."
Paul Fifoot
10th April 1992
237
TOTAL P.02/02