There is still legal uncertainty as the precise employment status of civil servants. However, for day-to day practical purposes the position is clear. Civil Servants are entitled to most of the employment rights accorded to private sector employees by ERA 1996 and/or TULRCA 1992 (see ERA 1996 s.191) but not to redundancy pay.
If a civil servant wishes to bring an employment related complaint, for example of unfair dismissal, this will normally be made to the Civil Service Appeal Board (or in the case of FCO staff to the Diplomatic Service Appeals Board). Civil Servants are entitled to make appropriate complaints to an employment tribunal as well as, or instead of, making them to the CSAB. In practice, because there are strict time limits for lodging claims, it is not unusual for a claim to be lodged with both the CSAB and an employment tribunal and for the employment tribunal to stay the case pending a decision of the CSAB.
To the extent that they do not have normal statutory employment rights, Civil servants frequently have equivalent or better rights under their terms of employment. General details are set out in a "Civil Service Management Code". Similarly civil servants do not have a normal private business style pension scheme - instead they have rights under the Civil Service Pension scheme which in general is considerably more "generous" as well as being more secure than private company schemes, especially for those who joined the Civil Service scheme before 30th July 2007.
Standards of proper behaviour for local government officials (including also elected members as well as employees) are provided for by the Local Government Act 2000 Part III, ss.49 to 83 and regulations made thereunder (eg the Relevant Authorities (General Principles) Order 2001, SI 2001/1401).
Crown Immunity means that crown bodies cannot be prosecuted for health and safety offences. The position is under review by the government but there is a powerful view that crown immunity should be retained. The argument is essentially that it is counter productive to mount a trial at public expense in order to fine a public body and thus deprive it of funds it needs to performs its functions, especially given that any fine will be received by another arm of government.
The CCA (Centre for Corporate Accountability) provides a useful Crown immunity section on its web-site under the title CCA on Crown Bodies and Health and Safety Law).
For specific notes on recruitment of civil servants see Specific employments/civil servants/recruitment .
See also REDUNDANCY/no right to statutory redundancy pay/if employed in public office and/or Redundancy/civil servants and public officials .
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updated March2007
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