CIRC 108: NATIONAL CHAIR UPDATE DECEMBER 2022

Please bring the contents of this circular to the attention of all POA members.

MESSAGE FROM LIVERPOOL BRANCH COMMITTEE

On 10^th December 2022 A small group of staff from HMP Liverpool had their Christmas night out. Devastatingly one member of staff never went home.

Officer Joseph Perry suffered a tragic accident after falling on some steps. This caused a catastrophic injury and after spending a short period in ICU he passed away on the evening of the 12^th of December surrounded by the love of his wife and two teenage daughters.

Joe was extremely proud of his family and girls and also proud of the job he done. Joe was an excellent officer who could always be relied upon to do the right thing and will be sorely missed by his devastated colleagues.

Joe was a massive Everton fan traveling home and away with his mates.

Joe's last act of amazing kindness was to donate his organs so others could have the gift of life and live on.

We would like any funds raised to go to his family to help them out now and in the future and use how they see fitting. I only hope we can all be as generous as Joe was and help his young family out at this time.

God bless you Joe, COYB

https://gofund.me/d446c47b

THE LATE JIM SMYTH AKA “BIMBO” HONORARY LIFE MEMBER - NORTHERN IRELAND

It is with great sadness that we report to the membership the death of our good friend and Honorary Life Member Jim Smyth, who sadly passed away on 1^st December 2022. Jim was Area Vice Chair, Northern Ireland for 16 years from 1993 until 2009, when he was awarded his honorary life membership.

Forced Detached Duty

HMPPS have indicated to the NEC that come late January they will be forced to compel staff to attend National Detached Duty. Prison Officers are mobile grades and are obliged to work anywhere in the country that the employer wishes. All Band 3 staff including part time staff will be subject to forced detached duty. We are currently consulting with HMPPS over this issue. If staff have personal reasons why they cannot attend National Detached Duty they should, in the first instance, liaise with their local POA committee for support. As more details are finalised the membership will be updated. 

UPDATE ON THE PROPOSED HOUSEBLOCKS AT HMP GUYS MARSH

HMPPS are planning to build a two-storey houseblock with 121 places, and another smaller houseblock with 59 places. In total, this equates to 180 new prison places. HMPPS previously informed the POA that they secured planning permission for the houseblocks on the 12^th January 2022 and the works on site would commence in summer 2022. Due to unforeseen circumstances, the construction on site has not started and the project has been delayed. HMPPS are currently re-evaluating the project timeline.

RETAINED EU LAW BILL

In its rush to finalise Brexit, the government plans to axe over 2,400 laws by the end of next year – all because they originated in the EU. Many core workplace protections – including holiday pay, maternity pay and equal pay for women and men – come from the European Union. For decades, EU laws have ensured decent working standards in the UK, shielding workers from exploitation and discrimination. The removal of these laws would impact on very basic workers’ rights such as annual leave, maternity, and paternity protections to things such as TUPE protections during outsourcing. Please take 2 minutes to write to your MP today to ask that they raise concerns about the Retained EU Law Bill.

The link for the standard letter is

https://actionnetwork.org/letters/dont-rip-up-key-workplace-protections/?source=unions

Carry Over of Additional Annual Leave 2022/23 – 2023/24

During the coronavirus pandemic employees were permitted to carry over up to 4 weeks' (20 days) annual leave into their provision for the next 2 annual leave years.

Whilst staff were expected to have reduced their annual leave balance to normal levels and be carrying no more than 9 days over into next year, it is acknowledged that due to a number of factors, the gap between 20 days last year, and the normal 9 days exceptional carry over, may not have been possible to achieve.

In acknowledgement of this, the number of days that HMPPS staff can carry over has been temporarily increased, meaning staff can carry over up to 12 days into their 2023/24 annual leave year.

This change is intended to help staff who would like some extra flexibility in taking their leave, and to address cases where individuals have a build-up of leave due to the pandemic, or the additional public holidays this year that they have not been able to take.

Despite the temporary increase, it is still recommended that staff take at least 20 days annual leave, or equivalent, per year. To carry over up to 12 days exceptionally, an extension can be requested in the usual way as outlined in the policy with prior agreement from line managers.

Whilst it is acknowledged this change had come quite late in the leave year, it is hoped this will provide some flexibility in the management of any annual leave backlogs.

POA one of 11 Unions Challenging Government Regulations which allow Agency Workers to fill in for Striking Workers

The High Court has given the green light to Unions’ legal challenge against “strike-breaking” agency worker regulations. A Judicial review of “anti-worker” regulations which “undermine the right to strike” is expected to be heard in March.

The High Court granted permission for the legal challenge – brought by eleven trade unions, coordinated by the TUC, and represented by Thompsons Solicitors LLP – to protect the right to strike. The unions – ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw – have taken the case against the government’s new regulations which allow agency workers to fill in for striking workers. A hearing will be held from late March onwards. The challenge will be heard along with separate legal cases launched by TUC affiliated unions UNISON and NASUWT against the government’s agency worker regulations, which have also been given the green light by the High Court.

POA Scotland

The results from branches across Scotland for the 2022/23 pay offer has been accepted by the members of the POA. The votes were as follows:

VOTES CAST: 2723

PERCENTAGE RETURN: 87%

VOTES FOR: 1616 PERCENTAGE FOR: 59.34%

VOTES AGAINST: 1107 PERCENTAGE AGAINST: 40.66%

THE STATE HOSPITAL POA BALLOT RESULT ON REVISED PAY OFFER 2022/23

The workplace ballot on the revised pay offer result is as follows:

Numbers of members who voted       = 261

Votes to accept pay offer                    = 138

Votes to reject pay offer                     = 122

Spoiled papers                                  = 1

That response is an acceptance of the offer which equates to 52.87% of those voting, in favour of the offer.

There has been a 75.65% turnout in the ballot.

Alternative to Fitness testing

I can confirm that the POA have submitted a set of proposals to replace the staff fitness test with Health Screening for all staff. These proposals will now be considered by HMPPS with talks about the future of the fitness test including alternatives to it, due to commence early 2023.

Temporary home to work car-sharing scheme

POA members should note the following announcement from HMPPS:

To support our colleagues during this challenging economic time, we are launching a temporary car-sharing scheme. The scheme allows you to claim for home to work mileage at standard rate if you provide transport to and/or from work for at least two other colleagues. “Home to work” is defined as the journey from your home to your permanent workplace location.

This is a temporary scheme as normally you are responsible for any travel costs associated with you getting to your normal place of work. The scheme will operate from 1 December 2022 to 31 March 2023.

Operation Safeguard

HMPPS has taken action to address an acute surge in the population across the adult male prison estate that is putting prisons under significant pressure. The capacity pressures outlined are specific to the adult male estate, there is ample capacity in the youth and Women’s estate.

From the 30^th November, HMPPS have activated Operation Safeguard, a protocol with the police for a contingency of around 400 police cells to accommodate prisoners on a temporary, short-term basis. The places will be in police custody suites, and under the protocol the police assume responsibility for the safe and secure custody of the prisoners. Prisoners held in the police cells are then moved into prison as soon as possible, and after one night wherever practicable. HMPPS will also continue to increase the use of identified contingency spaces throughout the prison estate and postpone all non-essential maintenance work to bring additional capacity into use. These contingency measures are only being activated where an operational assessment has concluded the associated pressures are manageable. The Operation Safeguard protocol was last activated in 2008.

JR PENSIONS

Civil servants are set to have their case to get pensions contributions reduced – and potentially have thousands of pounds in overpayments refunded – examined in full at the High Court next month. If public-sector unions are successful in their bid, Civil Service Pension Scheme members will be in line for a 2% cut in contributions. Because the unions argue that ministers were wrong not to apply the reduction in 2019, victory in the judicial review would likely result in HM Treasury having to provide back payments for three years’ worth of overpayments. The POA are an interested party in this claim, along with the Fire Brigades Union. PCS, GMB, the Royal College of Nursing, and Unite. 

Finally, I just wanted to take the opportunity to thank each and every one of you for your efforts on the frontline over the last difficult 12 months. I know you do not receive as much praise as you deserve but wherever you are, whatever your role in our varied workplaces I can assure you that you are valued and appreciated and you are a credit to the POA and society. Take some time to enjoy your loved ones, families and friends and remember if you are suffering do not suffer in silence and make use of the POA support service. If you would like to get help and support, call 0800 107 6585. Lines are open 24 hours a day, seven days a week. The POA confidential stress & support counselling phone line gives you the chance to talk to a professional counsellor from a place where you feel comfortable at a time to suit you. The service is very simple to use: Call 0800 107 6585. Say you are a member of POA, you will then be transferred to a counsellor.

Until next year, Merry Christmas everyone!

All the best.

Mark Fairhurst
National Chair