Priti Patel facing tribunal claim for constructive dismissal from former Home Office chief

Sir Philip Rutnam could win unlimited compensation over whistleblowing claim

Priti Patel is facing an employment tribunal claim for constructive dismissal and whistleblowing from the former head of Home Office civil servants.

Sir Philip Rutnam submitted a claim to the tribunal on Monday, almost two months after dramatically resigning his post, accusing Ms Patel of “a vicious and orchestrated briefing campaign” against him.

He stated at the time that he intended to bring a constructive dismissal case, but his union has now made clear that he will also argue that he was effectively punished for whistleblowing.

This allows the tribunal to award unlimited compensation, rather than the £86,000 maximum for unfair dismissal.

The case against the home secretary is believed to be the first time a cabinet minister has been forced to defend a unfair dismissal claim from their own department’s permanent secretary.

It comes as Ms Patel is the subject of a Cabinet Office inquiry into allegations - which she denies - of bullying of staff at the Home Office.

In his resignation statement on 29 February, Sir Philip said that he had confronted Ms Patel over her behaviour, after receiving complaints of “shouting and swearing, belittling people, making unreasonable and repeated demands” which caused fear among staff in the department.

Rutnam also said that he did not believe Ms Patel’s denial that she was involved in briefing the media against him.

Announcing the launch of the tribunal case, the general secretary of the FDA senior civil servants’ union, Dave Penman, said: “On 29 February 2020, Sir Philip Rutnam resigned as permanent secretary of the Home Office, indicating that he intended to pursue a claim of constructive dismissal. “Following his resignation, the FDA instructed Gavin Mansfield QC, head of Littleton Chambers and employment law specialist, as counsel to advise Sir Philip, supported by Clive Howard, senior principal lawyer, employment and partnership at Slater and Gordon.

“This morning, Sir Philip, with the support of his legal team and the FDA, submitted a claim to the employment tribunal for unfair (constructive) dismissal and whistleblowing against the home secretary.

“Sir Philip will not be making any further comment at this time.”

A Government spokesperson said: "We do not comment on ongoing legal proceedings."