Prison Officers: Industrial Disputes

Section 127 of the Criminal Justice and Public Order Act (1994) makes it unlawful for anyone to induce a prison officer to take (or continue to take) industrial action or to commit a breach of discipline. This applies to frontline operational prison staff from Band 3 prison officers to Band 11 governors in public sector prisons in England and Wales, and their equivalent counterparts in the private estate. Industrial action in prisons, even if only partial, would create unsustainable and significant risks to safety and security. This would in turn impact on the courts, police and public safety.

The Prison Officers Association (POA) has led a determined campaign on this complex issue and met with former Ministers and officials to discuss their concerns.

We are committed to ensuring the right of everyone who works in a prison to decent conditions and a fair reward for their hard work, and we believe we can do so without the need for legislative change. We believe the work of the Prison Service Pay Review Body provides a robust, independent compensatory mechanism for the Section 127 restriction.

HMPPS also has a comprehensive engagement and consultation framework in place with the POA, as well as dispute resolution processes, which ensures they have the full opportunity to raise any issues affecting their members. This has enabled collective agreement on a range of issues. In 2011, a collectively agreed National Disputes Resolution Procedure was introduced which provides a direct route for the POA, including an escalation route to independent conciliation and arbitration, to seek resolution on issues which may impact on the existing terms and conditions of prison officers.

We will continue to engage regularly with our recognised trade unions (including the POA) and welcome the constructive contribution they continue to make in ensuring that the views of staff are fully represented.