PCS wins historic battle against government departments in the Supreme Court

In 2013, the then Tory/Liberal Democrat coalition government began its attempt to bankrupt PCS by removing check-off. The facility enabled members to have their union dues deducted from their salary by their employer, who then handed them over to the union. The government hoped that by withdrawing the facility, the union would go out of business.

Magnificent fightback

They were wrong. In a magnificent fightback by PCS members, representatives and staff, our members recommitted to the union in overwhelming numbers by signing up to direct debit to pay their subscriptions.

However, PCS took a significant financial hit in respect of members who did not re-sign. Accordingly, we pursued legal action over the issue, asserting that our members had a contractual right to check-off and that PCS was entitled to sue for damages as a third party to the contract.

We won a series of High Court victories against the Department for Work and Pensions, HM Revenue and Customs, Home Office and Defra. The DWP settled the litigation by paying PCS £3million in damages. The other departments decided not to settle and took the case to the Court of Appeal.

In May 2023, the Court Of Appeal unanimously upheld the decisions in the courts below that our members had a contractual right to check-off. However, by a majority decision, they allowed an appeal from the employer to the effect that PCS was not entitled to enforce those contracts, closing off our route to further damages.

We appealed that element of the judgment to the Supreme Court. Today, five law lords of the Supreme Court unanimously agreed that the Court of Appeal majority had erred in its judgement; and confirmed that PCS is entitled to enforce the contracts, thereby reopening our route to further damages.

The Supreme Court is the highest court in the land and there are no arguments in this case put forward by either side which fall within the jurisdiction of any international court. The legal arguments on the substantive issues are therefore at an end and, after a battle lasting more than a decade, we have comprehensively defeated the employer on all of them.

Damages to be determined

The only question now to be determined is how much the union will recover in damages.

After every victory in the courts, PCS wrote to the Cabinet Office asking them to engage in negotiations to settle this matter. They steadfastly refused to do so and the employer is now faced with a costly and unnecessary legal bill, on top of whatever damages that they will now need to pay the union.

We will again be writing to the Cabinet Office asking for central engagement to settle this matter once and for all.

Total vindication

Commenting on the victory, PCS General Secretary, Fran Heathcote, said: “Today's decision in the Supreme Court is a total vindication of our position. The highest court in the land has comprehensively rejected the arguments put forward by the employer and has confirmed we were right.

“The attack on check-off was a naked attempt by the coalition government to bankrupt our union, thereby denying PCS members a collective voice in the workplace. It was a shameful period in the history of industrial relations in the civil service. We hope that the new government will signal its intent to improve matters by now doing the right thing and agreeing appropriate damages with us.

“I pay tribute to all PCS members, representatives and staff who saw off this attack. Our decade-long legal battle through the courts demonstrates our determination to ensure that our union will leave no stone unturned in fighting for justice."

Ann Rooney, the lawyer at Thompsons Solicitors representing PCS, said: “This is a huge victory for PCS and its members. The decision sends a strong message to employers that they can’t just tear up agreements that workers rely on. It’s a win for fairness and for every union member who counts on their union to stand up for them.”

Read more about the ruling.