This was an appeal brought by the Minister for Education and Skills, and the Attorney General. The Minister contended that the High Court judge had erroneously found that the Minister had acted ultra vires in terminating certain allowances payable to the applicants. The Minister also contended that this decision was reached in breach of fair procedures.

The applicants were both regarded as statutory officers whose offices and entitlements were governed by the Vocational Education Acts 1930- 2001. However, during the economic crisis the government decided to re-organise the vocational education sector and reduced 33 VECs to 16 Educational Training Boards ("ETBs"). This reform potentially impacted on the applicants' remuneration and status. The applicants were granted leave to seek judicial