The Superintendentsâ€™ Association is to represent members from five forces at an employment tribunal â€“ as around 250 officers who have been forced to retire claim the use of Regulation A19 has amounted to age discrimination.
The Association is representing 22 officers from the superintending ranks at the hearing on February 11.
They will join 134 officers from the federated ranks in Devon and Cornwall plus 92 officers from Nottinghamshire Police â€“ all of whom have been subject to A19 and are making claims.
The Associationâ€™s officersâ€™ claims are being brought against West Midlands Police as well as the North Wales, South Wales, Nottinghamshire and Devon and Cornwall forces â€“ where they respectively served.
As previously reported by PoliceOracle.com, the legal action will claim that the use A19, which forcibly retires officers with 30 years service or more, amounts to indirect age discrimination in the way it has been applied by forces.
A set of test cases will be heard from the two main Federation branches and the association at the hearing â€“ before a ruling is made. This means that if they are successful, the case would potentially leave all forces across England and Wales open to claims worth thousands of pounds.
An earlier attempt in August last year, claiming officers were not consulted appropriately over A19, failed. The judge ruled officers could not be classed as workers under redundancy rules due to their status as crown servants â€“ and less notice could be given to them. This was brought under the Trade Union and Labour Relations Act 1992.
The indirect age discrimination argument, however, will be brought under the Equality Act 2010.
It is expected at the hearing that the forces involved will claim A19 can be used â€œas a proportionate means of achieving a legitimate aimâ€.
The Association and respective branches of the Fed, however, will claim the measure has been used unlawfully.
Chairman of Nottinghamshire Police Federation, Phil Matthews, said: â€œWe also say that their only aim was to save costs, and this cannot be a justification alone.
â€œWe also say it was neither proportionate, necessary or reasonable to use it as they did.
â€œA19 should be used on an individual case-by-case basis and not as a wholesale method of making large numbers of officers in effect redundant without having to compensate them.â€
Mr Matthews added that a number of officers involved in the legal fight still wanted to return to work although he could not provide a figure.
He said his officers were from across all of the federated ranks â€“ up to the level of chief inspector.
The hearing is expected to last a few days and will take place at the London Central Employment Tribunal.
Supers Join A19 Legal Fight
See: Police officers sue forces over forced retirement