LAWYERS acting on behalf of senior civil servants issued a pre-action notice to Downing Street on Wednesday(9) accusing prime minister Boris Johnson of acting unlawfully to clear home secretary Priti Patel of bullying her officials.
The notice states that if it were allowed to stand it would set a 'damaging precedent' that would exempt ministers from being bound by normal employment practices, reported The Times.
“If the prime minister’s decision stands it sets a damaging precedent which gives carte blanche to the kind of unacceptable conduct which the home secretary was found to have committed,” a letter sent to government lawyers states.
“Civil servants in the Home Office and beyond will rightly object to their conduct being measured against a standard of conduct and unacceptable bullying which, it seems, does not apply to the home secretary or other ministers.”
The report said that if the challenge succeeds, the government will be forced to make public the full Cabinet Office investigation into Patel’s behaviour. In the report, Sir Alex Allan, concluded that her behaviour amounted to bullying.
He resigned last month after refusing a request by Johnson to tone down his report.
The action is being brought by the FDA union, which represents more than 500 senior officials working in the Home Office. It also represents Sir Philip Rutnam, who resigned as permanent secretary in the department and made public his concerns at Patel’s behaviour.
Dave Penman, general secretary of the FDA, said that challenging the prime minister in the courts was not a decision to be taken lightly.
"It was vital to protect the interests of civil servants who might find themselves in a similar situation in the future," he told The Times.
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