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54 | 04.05.2018


The National Executive Committee has been working with Thompsons to address the issue of additional leave for additional hours worked (paid) for some considerable time.

Despite the best endeavours of the Executive, HMPPS refused to engage in constructive dialogue and hoped the courts would rule in their favour.

The above case now provides clear evidence that employees who work additional hours are entitled to have these hours taken into consideration when they take their four statutory weeks annual leave as defined by the Working Time Directive.

The ruling also provides for compensation for back pay.  The amount of back pay is limited to 2 years and may be less than that depending on when holidays were taken.

This ruling now requires HMPPS to amend the current leave policy and Pay Manual as a matter of urgency and put forward sensible and timely solutions.

Obviously, each member will have worked different levels of additional hours and so this will require significant resources to cleanse the systems and calculate the hours owed. To this end the Executive has written to HMPPS to seek an urgent meeting and resolution without the need for further legal action.

If this strategy does not realise a solution, further information will be promulgated to members to take this forward.

Thanking you in anticipation of your support and co-operation.

Yours sincerely

General Secretary

POA Circular 54-2018-Annual Leave Policy.pdf

pdf, 428.1K, 04/05/18, 881 downloads