Jurisdictional Points: Fraud and Illegality – The Claimants were engaged on sessional work in HMPS and their recruitment was not on merit on the basis of fair and open competition. The question that arose subsequently was whether contracts of employment found to have existed by the Employment Tribunal were ultra vires in the circumstances.
Held: The Employment Tribunal was wrong to draw a distinction between appointment and employment in the context of s.10(2) CRAGA 2010. The mandatory requirement for all appointments to the Civil Service extends to both and operates as a statutory limitation on selection for all appointments as civil servants. The contracts of employment are ultra vires, but the Claimants’ status as workers is unaffected. The appeal was therefore allowed.
Judges:
Simler DBE P J
Citations:
[2017] UKEAT 0284 – 16 – 2004
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 March 2022; Ref: scu.582074