PCS wins stunning Supreme Court victory

The Public and Commercial Services (PCS) union has today won a stunning victory in the Supreme Court against three government departments that stopped workers paying their union dues direct from their salary.

In 2014, the then Tory/Liberal Democrat coalition government encouraged departments to remove the so-called ‘check-off facility’ – a move that resulted in the union losing tens of thousands of members.

Today’s victory opens the door for the union to claim back that money, plus legal costs, through compensation.

PCS general secretary Fran Heathcote said: “Today's decision is vindication of our position. The attack on check-off was a naked attempt by the coalition government to bankrupt our union, thereby denying PCS members a collective voice in the workplace.

“It was a shameful period in the history of industrial relations in the civil service. We hope the new government will signal its intent to improve matters by now doing the right thing and agreeing appropriate damages with us.

“I pay tribute to all PCS members, representatives and staff who saw off this attack. Our decade-long legal battle through the courts demonstrates our determination to ensure that our union will leave no stone unturned in fighting for justice."

The union previously won High Court victories against the Department for Work and Pensions, HM Revenue & Customs, Home Office and the Department for Food and Rural Affairs, all of which cancelled check-off.

While the DWP settled out of court in 2019 for £3m, the Home Office, Defra and HMRC challenged the ruling in the Court of Appeal.

The Court of Appeal in May last year ruled that although PCS members had a contractual right to check-off, their union was not entitled to enforce those contracts. It allowed the employers’ appeal of the High Court decision, effectively stopping the union claiming further damages.

Today five law lords of the Supreme Court unanimously agreed the Court of Appeal had erred in its judgement, meaning the union now *can* sue government departments for losses it suffered because of the removal of check-off.

Ann Rooney, the lawyer at Thompsons Solicitors representing PCS, said: “This is a huge victory for PCS and its members. The decision sends a strong message to employers that they can’t just tear up agreements that workers rely on. It’s a win for fairness and for every union member who counts on their union to stand up for them.”

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