In a Court of Appeal hearing on 28 July 2017, in the case of Wandsworth LBC v Vining, two local authority parks police officers and Unison succeeded in claiming a failure to consult collectively regarding proposed dismissals could amount to a breach of their Article 11 rights unless objectively justified.
Under UK law, officers in the police service and their representatives are excluded from the collective consultation rights. However, the court of appeal ruled this infringed their rights under article 11 of the European Convention on Human Rights, namely the freedom of association. This right includes the right to collectively bargain with an employer and in particular, to be consulted about proposed dismissals.
It is worth noting however that Wandsworth LBC did not make any representations to claim this could be objectively justified and it remains to be seen what, if any, arguments may have succeeded.