The Court of Appeal (The Master of the Rolls, Hickinbottom and Simler LJJ) last week heard the claimants’ appeal in R (Badmus & ors) v SSHD  EWHC 758 (Admin). The case concerns rates of pay to immigration detainees, which are fixed at £1 for most work and £1.25 for special projects. There are three issues in the appeal:
- Whether the rates of pay were contrary to or frustrated the legislative purpose of the Detention Centre Rules 2001;
- Whether setting flat rates of pay was a breach of Article 14 ECHR, by comparison with the pay regime for prisoners;
- Whether the Judge was correct to find that the claims were out of time.
The timing issue raises a point of general significance as to whether, in challenging a policy or practice, an individual claimant is in time if a claim is brought within three months of the policy or practice applying to him; or whether time runs from the adoption of the policy or practice in question.
The case was heard remotely over 2 days, and judgment was reserved.