Council of Civil Service Unions v. Minister for the Civil Service [1985] A.C. 374

Facts:

  • In the 1980's, it was ruled that any and all employees of the Government Communications Headquarters were prohibited from joining any trade union
  • This decision was justified based on the potential threat to national security, and enforced using an Order of Council which is an exercise of the Royal Prerogative Power

Issue:
  • By limiting access, or completely refusing access to trade unions to employees, certain individuals affected were not able to rely on certain employment legislative provisions or be represented by a union

Held:
  • At first instance, the case was heard at the High Court of Justice, where it was ruled that the Order was invalid, however this was overturned on Appeal at the Court of Appeal as the consideration of national security was of paramount importance, and as such considerations and decisions made on this basis were not to be considered

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