CIRC 088: NATIONAL CHAIR UPDATE OCTOBER 2022

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

 

NEC Elections

I am delighted to announce that Dave Todd National Vice Chair retains his position unopposed until 2028. Ballot slips for the vacant NEC positions will be issued from 31 October. All POA members are encouraged to vote.

Fitness testing

HMPPS have confirmed that fitness testing for staff contractually obliged to undertake an annual test will be ‘paused’ for a minimum of 6 months from November 1^st. Any staff subject to warnings because they have previously failed a test will get the opportunity to start from test 1 if testing is reintroduced. Tornado staff will still be required to pass a fitness test to retain that qualification. The employer intends to issue a notice to staff to clarify their position on fitness testing. We await their notice. 

Injury to feelings claims

All members who submitted injury to feelings claims are reminded to read POA Circular 85/2022, which outlines details on how to access your compensation payment. It is imperative that claimants read this circular and submit their details so payment can be processed.

Pay Arrears

All members are encouraged to check their pay slips. The Executive have been made aware that some members are not in receipt of the full back pay arrears due to a miscalculation by shared services when processing the uplift in the unsocial hours element of pay for staff on Fair and Sustainable. This has been confirmed by SSC below:

Currently, we are aware of employees who have been affected by the total amount not adding up to the annual pay set out for 2022 to 2023 Pay Award. 

I can confirm that this will be rectified with November '22's pay with all backdated arrears to resolve this issue. Once this has been resolved, you'll see this in your November's payslip. 

If you have any more queries, please be sure to email us, or phone us on 0345 241 5351. 

Statutory Ballot for Industrial Action in Scotland

Following the rejection of the latest pay offer in Scotland from the membership (circa 70%) the Scottish National Committee intend to submit a trade dispute letter to the Chief Executive and commence a statutory ballot of the membership.

The State Hospital Carstairs Statutory ballot concluded on the 19th October. The expectation is that there will be a mandate for industrial action from the ballot. The Minister for health is meeting with the trade unions for further pay talks and it is anticipated an improved offer on pay will be tabled. 

Covid Sickness Absences

It is the intention of HMPPS to rescind the exemption for Covid related absences and revert to normal attendance management procedures as outlined in PSI 1/2017. We vehemently disagree with this short sighted and dangerous proposal. Covid infections are continuing to rise and as the winter months approach the NEC feel the most sensible option would be to extend the exemption and review the situation in 2023. We are presently in a consultation period with the employer and have raised our objections. Once a decision is finalised the membership will be updated.

Management Discretion

It has once again been brought to the attention of the NEC that some Governors are directing Line Managers to automatically issue sickness warnings when trigger points are reached. This practice goes against policy (PSI 1/2017) which clearly states the following:

2.56 The line manager may use their discretion to decide not to give a Written Improvement Warning. For further guidance on using discretion to issue a warning see My Services. The line manager should consider the circumstances of the absence and the employee’s absence history. If they decide not to give a Written Improvement Warning, they should record their decision and the reasons for it.

Any local committees that are aware of Governors insisting warnings must be issued should immediately contact their area NEC representative for further advice.

Promotion Boards

It has been brought to the attention of the NEC that some Governors are including serving Prisoners as part of an interview panel for promotion boards. This practice is unacceptable and should be challenged immediately. Convicted criminals do not decide the careers of professional staff.

Any POA member who is subject to an interview process for any position where a serving Prisoner is part of the interview panel, either temporary promotion, substantive promotion or any other area of work, should refuse to partake in the interview, submit a grievance against the Governor and seek the support of the local committee and Area NEC representative.

After intervention from the NEC HMPPS have confirmed that this practice should cease immediately.

TUC Rally

POA members are encouraged to access the TUC website and take note of the forthcoming rally that we encourage you to attend. Details include:

On 2 November, we want every MP to hear from workers from their constituency about the reality of the cost-of-living crisis. Join the mass lobby of MPs in London and ask your MP to support a budget that delivers for working people.

We will help you through the process 

The TUC will help you book a meeting with your MP and make the most of the meeting. And we’ll make sure you have all the info you need.

On the same day, we will hold a rally at Methodist Central Hall from 6-8pm, where frontline workers will tell their stories and you can also hear from trade union leaders.

 

POSSESSION OF BATONS IN A PRIVATE PLACE

All POA members should note the following:

The CPS has published guidance on their website for the offence of possession of prohibited weapons in private (section 141(1A) Criminal Justice Act 1988) as well as the defences available. It is worth noting that the guidance does explain that where the possession was for purposes of functions carried out on behalf of the Crown (or visiting force), this would amount to a defence. Should you wish to review this information, it can be found using the following links:

https://www.cps.gov.uk/legal-guidance/offensive-weapons-knives-bladed-and-pointed-articles

https://www.cps.gov.uk/legal-guidance/offensive-weapons-table-offences-defences-andapp

 

As regimes continue to expand it is concerning that the level of assaults against staff have significantly risen. Many assaults include the use of pool balls and pool cues, which would suggest that many establishments are returning to pre covid activities including association periods. POA members are reminded that they must have agreed the activities on offer to prisoners and should ensure that only a manageable number of prisoners are unlocked at any one time. If there has been a violent incident on the wing an immediate review of the Safe System of Work and Risk Assessment must be undertaken by the wing manager, ensuring the wing is locked down until this review is complete and staff are content that control measures are in place to reduce risk. No member of staff should work in isolation and should ensure they are within sight and sound of a colleague.

 

If any POA member or local official needs assistance, please do not hesitate to contact your area NEC representative.

        

All the best.

Mark Fairhurst
National Chair