Union loses legal challenge to PM’s decision to back Priti Patelon December 6, 2021 at 11:09 am

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Boris Johnson kept his home secretary in place, saying she had not broken ministerial rules.

Priti Patel

Image source, PA Media

The union for senior civil servants has lost its High Court challenge to Boris Johnson’s decision to back Priti Patel over claims she bullied staff.

Last year, the prime minister kept his home secretary in post despite a report accusing her of breaking the ministerial code.

The FDA union challenged Mr Johnson’s decision, arguing he had incorrectly interpreted the definition of bullying.

However the court said it had not been “misinterpreted”.

Despite losing its legal bid, the FDA said the judgement represented a “major victory”.

It welcomed the court’s ruling that decisions taken on the ministerial code – the rules that govern ministers’ behaviour – could be challenged in court.

General secretary Dave Penman said it was “an important step forward in the battle to ensure that ministers are held to account for their behaviour in the workplace”.

In November 2020, the prime minister’s then adviser on standards Sir Alex Allan ruled that Ms Patel had “unintentionally” broken the ministerial code.

Sir Alex found that she had not consistently met the high standards required by the ministerial code of treating her civil servants with consideration and respect and cited examples of “shouting and swearing”.

“Her approach on occasions has amounted to behaviour that can be described as bullying in terms of the impact felt by individuals.”

Ministers are expected to resign if they are found to have broken the ministerial code.

However Mr Johnson rejected his adviser’s findings and said he had “full confidence” in his home secretary.

Sir Alex subsequently resigned from his role.

Following the report, Ms Patel gave a “fulsome apology” but argued she had not been “supported” – at the time claims were made – by her department.

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