Police officer launches legal challenge to overturn 100-year-old ban on police union membership

Lee Broadbent, an officer with Greater Manchester Police (GMP), is seeking to overturn section 64 of the Police Act 1996, which prevents police officers from belonging to any trade union aside from the statutory Police Federation of England and Wales (PFEW). 

In a Pre-Action Protocol (PAP) letter sent by lawyers at Leigh Day, Mr Broadbent has signalled his intent to apply for a judicial review if the government does not act to repeal section 64 of the act, which he argues is not fit for purpose and fails to provide adequate representation for officers. 

Mr Broadbent is seeking a declaration from the High Court that the current law is incompatible with Article 11 of the European Convention on Human Rights (ECHR), which protects the right to freedom of association, including the right to form and join trade unions. 

The restriction on union membership dates back to the Police Act 1919, introduced in the wake of police strikes after World War One. Mr Broadbent argues this historical restriction is no longer justifiable in a modern, democratic society. 

The legal letter calls on the Home Secretary to: 

• Acknowledge that section 64 of the Police Act 1996 is incompatible with Article 11 of the ECHR, which guarantees freedom of association and trade union rights. 
• Agree to a declaration of incompatibility under section 4 of the Human Rights Act 1998. 
• Amend existing legislation to allow police officers to form or join trade unions while maintaining appropriate restrictions, such as limits on industrial action, to safeguard public safety. 

The legal challenge follows a successful employment tribunal in which Mr Broadbent and other officers were found to have been discriminated against and victimised by the PFEW for pursuing claims related to changes to police pensions. The judgment revealed a toxic internal culture and governance failings within the federation, reinforcing concerns that it is not a credible or effective representative body for officers. 

Mr Broadbent is represented by Leigh Day partners Mandy Bhattal, Jamie Beagent and Kiran Daurka. 

Mr Broadbent said: 

“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 and which, in my case and others, has actively harmed those it was supposed to protect. 

“I previously gave evidence in a tribunal which found that the Police Federation not only failed to support us but actively campaigned against officers bringing legitimate legal claims, spreading misinformation and fostering hostility. The judgment found it was driven not just by policy disagreements, but by personal hostility. How can officers have confidence in a body that treats its own members as the enemy? 

“I feel betrayed by an organisation that is supposed to act in my best interest, yet I am legally compelled to remain a member or face navigating a complex and challenging policing environment with no support at all. That is simply unacceptable. 

“Officers deserve the same rights as other workers - the right to choose who represents them, and the ability to form or join unions that act in their interests. Denying that right isn’t only unjust, it’s unlawful.” 

Mandy Bhattal, employment partner at Leigh Day, said: 

“This case raises a clear human rights issue. The blanket ban on police officers forming or joining a trade union dates back to 1919 and is entirely out of step with modern standards. There is no justifiable reason why police officers should be treated differently from firefighters, doctors, or prison staff, all of whom can unionise. The government now has a choice - engage in reform or face a likely defeat in the courts.” 

Mr Broadbent is crowdfunding his claim here.