Appointments to civil service: need for fair and open competition - Secretary of State for Justice v Betts [EAT] 20.04.17 (Unreported)


Fri, 26 May 2017

The employment tribunal had been wrong to distinguish between "appointment" and "employment" in the context of the Constitutional Reform and Governance Act 2010 s.10(2). The mandatory requirement for all appointments to the Civil Service to be on the basis of fair and open competition extended to both and operated as a statutory limitation on selection for all appointments as civil servants. The respondent prison teachers had not been employed on that basis and so their contracts of employments were ultra vires.




Category: Employment »  Contracts of employment; Employment status. Keyword(s): Public sector. Area(s) of law: Employment; Public Sector.
Source: UKEAT/0284/16/DA

 

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