POA Circulars

13 | 03.03.2016

Landmark legal victory for the poa

On the 2nd March 2016, the Supreme Court upheld a decision by the Court of Appeal for a POA member to claim damages from the MoJ.

In September 2007, a Prison Catering Manager sustained significant and life changing injuries in an accident at HMP Swansea. The Catering Manager had been supervising prisoners in the transfer of food items from a delivery van to the prison kitchen.

A Court ruling in February 2013 had determined that prisoners when working in prisons were not to be classed as employees. As a consequence, the MoJ would not be required to pay compensation to our member.

In response, the POA instructed our retained solicitors Thompsons, to appeal the appropriate decision and seek appropriate compensation for our member.

The Court of Appeal then reconsidered the original ruling and determined that the MoJ had vicarious liability for the accident.

The MoJ disgracefully appealed this decision to the Supreme Court in our opinion a misuse of public money. In a unanimous judgement the Supreme Court have now confirmed that the MoJ are vicariously liable for prisoners actions. As a result of this decision our member will claim compensation from the MoJ for negligence and injury sustained in this accident.

This landmark case underwritten by the POA will now redefine the definition of an employee, the law relating to vicarious liability and provide legal protection for our members.

Please draw the contents of this circular to all members.

Yours sincerely 


STEVE GILLAN
General Secretary

Yours sincerely

 

PETER McPARLIN
National Chairman