Rank and file police officers have won the first round in their court battle against the Home Secretary’s refusal not to fund their annual pay award in full.
The High Court gave the Police Federation permission to mount a legal challenge to Jacqui Smith’s decision not to backdate the arbitrated pay settlement, effectively cutting it from 2.5 per cent to 1.9 per cent.
A judge said today he had “no hesitation” in finding that the Federation had an arguable case to bring an urgent application for judicial review.
Lawyers for the federation, which represents 140,000 police officers, argued they had a “legitimate expectation” that the 2.5 per cent increase recommended by a independent arbitration tribunal would have been paid in full.
But Ms Smith cut the value of the pay award by agreeing to pay the increase only from December 1 2007 and not September 1, the normal starting point for the police’s pay year.
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Anger among officers was increased by the fact that the Scottish executive agreed to pay 2.5 per cent in Scotland.
Earlier this month more than 22,000 off-duty officers marched through central London, past the front door of the Home Office, to protest against Ms Smith’s decision.
The federation is also preparing to send ballot papers to its members asking them if they want to have the right to take industrial action in future disputes. The results of that ballot are expected by the end of March.
John Francis, general secretary of the Police Federation, welcomed the ruling.
“This is an opportunity to challenge the betrayal of the Home Secretary in failing to make an award in line with the police arbitration tribunal,” he said.
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“The court is probably the last avenue left open to us.”