Police officer challenges ban on unions

A serving officer from Greater Manchester Police has taken a significant step in challenging a long-standing legal restriction that prevents police from joining trade unions. Lee Broadbent has filed a legal challenge against the Home Secretary, seeking to overturn section 64 of the Police Act 1996, which limits police officers' trade union membership to the Police Federation of England and Wales. In a Pre-Action Protocol letter sent by his lawyers, Broadbent intends to request a judicial review if the government does not repeal this provision, asserting that it is "not fit for purpose" and inadequately represents officers.

Broadbent aims to secure a declaration from the High Court stating that the current law conflicts with Article 11 of the European Convention on Human Rights, which safeguards the right to freedom of association, including trade union formation. He highlights that the ban originated from the Police Act 1919, introduced after police strikes post-World War One, arguing that such restrictions are unjustifiable in modern democratic society.

The legal correspondence calls on the Home Secretary to acknowledge the incompatibility of section 64 with Article 11 of the ECHR, agree to a declaration of incompatibility under the Human Rights Act 1998, and make amendments to legislation that would allow police to form or join unions while upholding necessary restrictions for public safety. This challenge follows an employment tribunal ruling where Broadbent and other officers were discriminated against by the Police Federation regarding police pension claims, highlighting significant internal governance issues.

Broadbent has expressed strong criticism of the Police Federation, stating, “Police officers are the only group of public servants who are legally barred from joining a trade union. Instead, we are forced to join an organisation that many of us no longer trust.” He elaborates on the federation's hostility towards officers pursuing legitimate legal claims, feeling betrayed by an organisation meant to represent their best interests.

Mandy Bhattal, an employment partner at Leigh Day, emphasises the human rights implications of this case, pointing out that the blanket ban on police unionisation is outdated and unjustifiable when compared to other public servants with union rights. "The government now has a choice - engage in reform or face a likely defeat in the courts," she asserts.

Currently, Broadbent is crowdfunding to support his claim, aiming for a future where police officers have the same rights as other workers regarding union representation.