Should police in the UK be able to strike? We ask an expert

Police officers in the UK are legally barred from striking but, set against pay that has slowly declined by 20% in real terms and a cost of living crisis in which officers are forced to use food banks, should they be? I asked Nick McKerrell, senior lecturer in law at Glasgow Caledonian University, who specialises in police structures and powers.

There are probably police officers at picket lines this summer in the same desperate situation as the strikers
Yes, the cost of living affects everyone. That’s a modern phenomenon, though, because historically police were paid more than a lot of other public sector workers.

Is that because of austerity?
This issue predates that, but the cops weren’t immune to austerity. There have been only two formal consultations on striking. In 2008, under New Labour, about 80% of respondents wanted the right to strike, but it wasn’t a big enough turnout for a mandate. Something similar happened again under Theresa May.

When did the police lose the right to strike?
There was a major police strike in London in 1918. Forces were more localised then, and police in other areas supported it, particularly in Liverpool. There was a negotiation and a change in the law that the police weren’t allowed to strike or join a trade union.

In an ideal world, trade unions wouldn’t need to exist as employers would be fair. And given the Tories claim to be the party of law and order, is it that police haven’t needed a union?
That’s partly true. Although, they did organise before they were banned. And there is the Police Federation – though it’s not associated with the TUC, has different powers and is partly funded by the state.

Aren’t Police Scotland on strike?
They are “withholding goodwill”. They’re not going to show up early for shifts, they’re not taking police radios home in case there’s a serious incident. They’re not doing anything above their contractual obligations. It adds up …

Yes – to about 1 million hours of overtime. If police could strike, what would it look like?
The consultations looked at striking if emergency cover could be provided, as the army did for the firefighters’ strike. Or the police could say they won’t do work where there’s little threat to public safety, such as gigs. Liz Truss said of strikes that essential services must be maintained. So even where strikes aren’t banned, certain services must run.

But then how is it a strike? I’d worry they’d make other sectors bring in “emergency cover”, so jobs that have robust striking rights are affected.
That’s a good way to put it. In the US, where there are police unions, the New York force did a “slowdown”, refusing to do anything other than emergency calls. That was in response to the climate around Black Lives Matter.

So the police unions could strike over totally fair criticism? Whether it’s police brutality or domestic abuse?
The police trade unions in the US are generally viewed as just defending bad behaviour. I think any group of workers who negotiate pay need a recourse when nothing else works. And as a public sector service, the police should be treated the same as any other. But the problem is the role of policing society is different to anything else. It’s why this subject is so controversial.