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Security vetting

25 August 2009

Below is a briefing from the PCS legal department.

Any members who have either been suspended or are under investigation as a result of investigation by the security services should immediately contact their branch rep or email group secretary, Paul Barnsley at paulba@pcs.org.uk
 

Background


PCS has become aware of a number of cases recently where members (so far in all cases Muslim men of Asian origin) have had their security vetting withdrawn (and in all but one case have been suspended pending dismissal) following investigations by the security services.

The main areas where such cases are likely to arise are in HMRC, any of the bargaining areas covered by HQ2 and the MoD, although you may be able to identify other areas that you deal with where this could be an issue.

Cases of this kind are likely to involve both Employment Tribunal claims for discrimination on grounds of race, religion and possibly sex. In addition they are likely to need to go through the Security Vetting Appeals Panel (SVAP) process. In both cases a Special Advocate (who is security vetted and can therefore examine the security service’s own evidence under specific restricted conditions) will be appointed. The Special Advocate will be in addition to the lawyers appointed by the member and the employing department to deal with the case

Because of the complexities and special features of these cases the employment law scheme is not the appropriate means of obtaining legal advice. All cases will need to be referred via the legal and personal case department to Russell Jones and Walker, which has solicitors who are themselves security vetted and who can therefore see more of the paperwork than a non-vetted solicitor would be able to examine.

PCS will not provide funding to any other solicitors who members may wish to instruct in relation to these issues.

Action
 

 

Colleagues are asked now to investigate with their branches whether they are aware of any other members who have either been suspended or are under investigation resulting from the withdrawal of their security vetting where the withdrawal is linked to investigations by the security services (probably in relation to terrorism allegations or connections).

Any such cases will need to be identified to the legal and personal case department as soon as possible so that prompt legal advice can be taken. In most cases we would expect to instruct solicitors to provide representation from the outset, with support from the branch and the group office.

Where such cases are identified, it will be necessary to submit a grievance as soon as possible in order to ensure that any subsequent discrimination claim can proceed via the Employment Tribunal. Again legal advice should be sought via the legal and personal case department as soon as possible.

The time limit for submitting a claim to the Employment Tribunal is 3 months less one day from the date of any act of discrimination. Clearly that time limit is paramount, but where timescales allow, legal advice should be sought before an application is made to the Tribunal.

We are trying to resolve these cases industrially wherever possible as the legal proceedings are long-winded and the outcome is uncertain given that so much of the evidence is “closed” and cannot therefore be tested by anyone other than the Special Advocate who is also not able to take instructions on that evidence. Any other information that you may have from your areas on the numbers of these cases there may be, including any that have been resolved, would be much appreciated so that we can try to identify the best strategy for taking these cases forward in the future.


 

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