HOME SECRETARY Shabana Mahmood’s attempt to block a court challenge to a 100-year-old ban on police union membership is “inconsistent,” the High Court has been told.
Police officers Lee Broadbent and Gemma Fox are challenging the ban on them from joining most trade unions on human rights grounds.
They told Ms Mahmood that she “cannot have it both ways” after her summary grounds to the court argued that allowing officers to join unions would undermine police political neutrality and that the Police Federation of England and Wales (PFEW) provided an adequate substitute.
The officers argued that the government’s argument relies on the fact that PFEW engages in activities that it characterises as “political” when undertaken by unions.
Mr Broadbent, an officer with the Greater Manchester Police, said: “This case is about having a genuine, independent voice.
“Many officers feel that the current system does not represent the diversity of views within modern policing.
“We are not asking to strike. We are asking for the same basic right enjoyed by other workers — the right to choose whether to join an independent trade union.
“It is disappointing that both the government and PFEW are trying to stop the court from even considering the arguments.
“We believe these issues are too important to be shut down at the first hurdle.”
Mandy Bhattal, employment partner at Leigh Day, which is representing the officers, said: “The Home Secretary and the Police Federation are seeking to prevent this important case from even being heard.
“But permission should only be refused where there is a clear knock-out point. None have been identified.”
The lawyer added that the case concerns the “essence of a fundamental democratic freedom — the right to form and join a trade union.
“A complete statutory ban on police officers exercising that right is an extreme measure.
“The government’s attempt to justify it rests on inconsistent reasoning and on the assertion that a statutory body, subject to ministerial control, is an adequate substitute for independent union representation.
“These are serious issues which deserve full consideration by the court.”
The officers are challenging the Home Office over section 64 of the Police Act 1996, which bars police from joining any trade union other than the PFEW.



