CIRC 006: NATIONAL CHAIR UPDATE JANUARY 2025

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

Health and Safety Protocol

All POA members working within public sector prisons in England and Wales are reminded that we have a legally binding Health and Safety Protocol in place should any individual feel their workplace is unsafe. This protocol outlines the steps you should take as an individual should you be placed at risk in your workplace. A copy is enclosed with this circular. POA members are encouraged to familiarise themselves with this protocol, focusing on section 2 a-e.

All POA members are assured that if they as an individual are threatened with legal action because the employer alleges, they have breached the permanent High Court Injunction the POA will provide legal representation for them and robustly defend their position. This threat, along with disciplinary action, seems to be a tactic employed when individuals invoke the protocol and facilitate a regime that they deem is safe. This is an individual’s right under section 2e of the protocol.

POA members are further reminded that if they deem it necessary to ‘retreat’ to a safe place they are doing so in relation to the Employment Rights Act 1996 (ERA) section 44, and not the Health and Safety Protocol.

Section 44 of the ERA states:

A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer done on the ground that—

(a)in circumstances of danger which the worker reasonably believed to be serious and imminent and which he or she could not reasonably have been expected to avert, he or she left (or proposed to leave) or (while the danger persisted) refused to return to his or her place of work or any dangerous part of his or her place of work, or

(b)in circumstances of danger which the worker reasonably believed to be serious and imminent, he or she took (or proposed to take) appropriate steps to protect himself or herself or other persons from the danger.

If any POA member has concerns they should contact their Area NEC Representative for advice.

All POA members should ensure they work as safely as they can.

HMP Dartmoor

Sadly, due to HMPPS temporarily closing Dartmoor pending a decision on remedial work to eradicate Radon Gas we have been forced to temporarily suspend the Dartmoor POA branch. Members who have transferred to other establishments will now be added to their new prison membership lists. Branch committees at Exeter and Channings Wood have been asked to ensure Dartmoor staff are welcomed at their branches and made aware of who the existing committee members are at those branches. Any remaining Dartmoor staff who need support and cannot access those branch officials are encouraged to use the contact form on the POA website and we will ensure any outstanding issues or queries are addressed.

If Dartmoor does reopen at any point, we will reconvene the branch.

Pay Submissions

The POA have concluded oral pay submissions and now await an outcome. It is hoped by all parties that pay recommendations will be considered by the Government and an award given by April so we can get the process back on track.

INFORMATION REQUIRED ON PRISON MAINTENANCE

A new union-backed cross-party parliamentary campaign launched by Kim Johnson (Labour MP for Liverpool Riverside) to insource prison maintenance is asking POA members to provide descriptions of the disrepair and problematic conditions in their workplaces and the impact this has on their work.

All testimony will be completely anonymised (including names of establishments) and then collated and distributed to inform Parliamentarians ahead of key debates.

Please email research@poauk.org.uk and copy in charley.allan@parliament.uk

Key Work

POA members and committees are reminded that in establishments where ‘key work’ is a requirement the national model should still be adhered to. Band 3 Prison Officers have a caseload of 6 prisoners and deliver key work to them every week for a minimum of 45 minutes per key work session. This work should be profiled and not fall under the guise of ‘wing duties.’ There should be no deviation or alteration to this nationally agreed model.

The presumption that ‘Every eligible prisoner must receive one key work session every four weeks as a minimum and any remaining resources must be targeted at an enhanced offer for individual eligible prisoners based on an assessment of risk, need and cohort prioritisation’ is totally incorrect, has not been agreed nationally and must not be initiated at any prison subject to key work.

If any establishment attempts to deviate from the nationally agreed key work model local committees are encouraged to submit a local dispute and contact their Area NEC Representative for support.

Overpayments

If any POA member is informed by Shared Service Centre that they have been overpaid they should immediately challenge the overpayment. The NEC are aware of numerous instances where the alleged overpayment has been miscalculated. All POA members who find themselves in this position are encouraged to contact a dedicated group within HMPPS who have been tasked to deal with overpayments. They can be contacted on the following email address:

MoJoverpaymentsteam@justice.gov.uk

Justice Home Affairs Select Committee

The POA gave evidence at this Select Committee Hearing in the House of Lords. The Hearing covered prison governance and culture. The evidence can be viewed via the following link.

https://www.youtube.com/watch?v=n0-h4rYGaHU 

All the best.

 

Mark Fairhurst
National Chair

 

 

ENCLOSURE

Attachments

Representing over 30,000 Prison, Correctional and Secure Psychiatric Workers, the POA is the largest UK Union in this sector, able to trace its roots back more than 100 years.