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KEEPING THE LAW

Why can’t prison officers strike and what other professions are banned from doing it in the UK?

PRISON officers are in charge of making sure that dangerous people are kept under control.

Unlike many other professions though, they aren't able to take industrial action. Why is this? Let's find out.

 Prison officers hold a meeting outside Wandsworth Prison
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Prison officers hold a meeting outside Wandsworth PrisonCredit: Rex Features

Why can't prison officers strike?

Prison officers are banned from striking under the Criminal Justice and Public Order Act 1994.

Under Section 127 of the act, it states that a person will be breaking the law if they withhold their services or commit a breach of discipline.

The law was temporarily replaced in 2000 by a voluntary agreement between the government and the Prison Officers Association (POA), which ruled out strike action as a way of solving disputes.

However, after a ";protest meeting" in 2016, the government responded by re-enacting the 1994 Act and legally banned strikes again at the High Court.

How did prison officers get around the ban in 2016?

The Prison Officers Association said the unannounced action in November 2016 was not a strike.

Instead, they referred to the gatherings of prison workers as "protest meetings".

A representative also said that staff were not "induced" to take part in the action.

In a statement, the union said that it would "ensure every prison has the minimum cover arrangements in place to protect prisoner well-being, security and safety during this protest."

What was the protest about?

Prison officers protested in 2016 over health and safety fears, following an increase in prison violence.

The union described that the service was in "meltdown", highlighting a recent "murder and several escapes".

In a statement, the Prison Officers Association said: "The POA has consistently raised the volatile and dangerous state of prisons, as chronic staff shortages and impoverished regimes has resulted in staff no longer being safe, a lack of discipline and prisoners taking control of areas.

"The continued surge in violence and unprecedented  levels of suicide and acts of self harm, coupled with the recent murder and escapes demonstrate that the service is in meltdown."

Jamal Mahmoud was stabbed to death at Pentonville prison, London, on October 18, 2016, in an attack that left two others injured.

Prisoners at Bedford Prison caused almost £1million of damage during a riot in November 2016.

Days later, an inmate cut a prison officer's throat with a razor blade at HMP Isle of Wight.

Two prisoners escaped from Pentonville Prison and a further three absconded from Gloucestershire jail.

As a result, then Justice Secretary Liz Truss pledged £1.3billion investment in prisons over the following five years, including extra officers and drugs tests.

What other professions are banned from strike action?

The police are the only other profession legally banned from striking, although other professions have agreements with government.

The Royal College of Nursing has a ruling that nurses will only walk out where it is not detrimental to the wellbeing of patients.

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