POA Circulars

104 | 17.12.2015

TOIL

NOMS are reliant on the use of additional hours paid or unpaid to cover chronic staff short falls and non-profiled work.

The Executive has consistently challenged NOMS over its failure to have Minimum Staffing Levels (MSLs) in place at every establishment as set out in the provisions of Bulletin 8. MSLs must be deliverable within existing resources to provide prisoners with their rights, not for regimes which Governors feel are appropriate, under the Benchmark Standard of Safe, Decent, Secure, Operating Level (SDSOLs).

Local management have consistently banked additional worked hours and not provided members with Time off in Lieu (TOIL).

The POA challenged the provisions of Bulletin 8, specifically the repayment of additional hours. It was determined by the Courts of Appeal that the 5 week rule was aspirational and not contractual. However, this does not absolve local management from repaying additional hours worked in a reasonable period of time. The level of hours owed to members is a debt which NOMS refuse to both acknowledge and repay.

The Prison Service Pay Review Body (PSPRB) acknowledges this is a debt which should be shown in NOMS end of year accounts, but NOMS ignore this requirement.

We cannot allow this situation to continue.

Due to the failure of NOMS to grant TOIL in a reasonable period of time, the Executive will be pursuing further legal redress on this issue.

Therefore, it is vital that all POA members complete and return the attached pro-forma. This can also be accessed on the POA website under the members’ area.

All pro-formas must be completed and returned by Friday, 15th January 2016, to the following dedicated email address legal@poauk.org.uk

Please draw the contents of this Circular to all members attention.

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

Yours sincerely 

 

PJ McPARLIN
National Chairman

Yours sincerely

 

STEVE GILLAN
General Secretary

POA Circular 104-2015.pdf

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