The news that Olly Robbins to sue for being sacked over Mandelson scandal has launched a judicial review against the Government raises an interesting legal question. Why would a senior civil servant challenge his dismissal through judicial review rather than bringing a claim in the Employment Tribunal?
The answer lies in the fundamental distinction between public law and employment law. Judicial review is not an alternative form of unfair dismissal claim. It serves a different purpose entirely.
Judicial review is the mechanism by which the courts supervise the exercise of public power. It is concerned with the legality of decisions taken by public bodies, rather than whether those decisions were right, fair in a general sense, or commercially sensible.
A court considering a judicial review typically asks questions such as:
The court is not usually determining whether a claimant was treated badly as an employee. Rather, it is determining whether a public authority acted lawfully.
According to news reports, Sir Olly’s challenge argues that the Prime Minister had “no statutory authority” to dismiss him from his position as head of the Diplomatic Service, that no fair procedure was...
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