CIRC 104: APPEAL TO EUROPEAN COURT OF HUMAN RIGHTS (ECHR)

As I am sure POA members recognise by law, Prison Officers in England/Wales service along with Prison Officers in Northern Ireland cannot be asked to take industrial action by the POA National Executive Committee or induced by any other individual. The situation is different for our members in Scotland where the restrictions on the right to strike were lifted by the Scottish Government which we applaud.

The restriction on the right of Prison Officers to take industrial action denies them, a basic fundamental human right. International law requires certain checks and balances on the Government’s ability to impose its will on a workforce who cannot take legitimate industrial action.

The POA NEC believes that the Government is riding roughshod over those protections in breach of human rights and other international obligations.

This week, acting on behalf of POA, Thompson’s Solicitors lodged an application for permission to appeal with the European Court of Human Rights (ECHR), challenging a Divisional Court decision which held the POA in contempt of Court for breaching this law. The POA have been forced into this move since the Court of Appeal and Supreme Court both refused to consider an appeal. A decision on permission to appeal to the ECHR is expected in the new year.

The POA is the only trade union in the Criminal Justice System lodging Court action on behalf of its members with a view to overturning this injustice.

Further to this the POA also have live cases on pension justice and a hearing pending on 15^th December 2021 regarding a challenge by way of Judicial Review in an attempt to get a full hearing where this Government have departed from the Pay Review Body recommendations in particular the £3000 increase for our members in fair and sustainable.

The POA continue to be a fighting and campaigning union looking after all POA members interests irrespective of grade or workplace.

The NEC will keep you updated in respect of all these important legal challenges as they progress.

 

Yours sincerely

STEVE GILLAN
General Secretary