CC, R (On the Application Of) v HM Treasury & Anor

Mr Stephen Broach and Ms Alice Irving (instructed by Bindmans LLP) for the Claimant Mr Julian Milford QC, Ms Heather Emmerson and Mr Ben Mitchell (instructed by Government Legal Department) for the Defendant Hearing date: 6th October 2020 ____________________

The same observations apply equally in the circumstances of this case. As explained by Lord Hoffmann in his speech in the same case (at paragraph 51), the consequence of section 6(2)(b) is that "� a public authority is not obliged to subvert the intention of Parliament by treating itself as under a duty to neutralise the effect of � legislation".

Note 1 Although the Claimant describes the comparator in this way I cannot see that the reason why the worker was put on furlough is in any way to the point. The material matter must be that the worker has been furloughed, and for that reason indirectly benefits from her employer�s participation in the JRS. [Back]