On 18 February 2008 Mr Justice Wyn Williams gave judgment in High Court proceedings brought by the Ministry of Justice against the POA (formerly the Prison Officers' Association).
John Hendy QC and
Rebecca Tuck represented the POA.
The dispute between the POA and the Government first arose in April 2007 when the Government staged an annual pay award for Prison Officers which resulted in a 1.9% increase for the first year, below the 2.5% recommended by the statutory Pay Review Body. In May 2007, the POA gave notice to the Government to terminate the contractual Joint Industrial Relations Procedural Agreement ("JIRPA"), including its "no strike" clause. In August 2007, before the expiry of the 12 month notice period under the JIRPA, POA members took one day strike action in protest against the proposed pay award. The Government responded by obtaining a interim injunction to enforce the terms of the JIRPA and bring an end to the strike.
The Government then sought a permanent injunction based on the POA's breach of the JIRPA contract. The POA had no defence to the breach of contract claim but sought to rely on the Government's breach of international law to resist the injunction being made permanent. This ingenious argument was not successful and the effect of the High Court's February decision is to continue the injunction until May 2008, when notice under the JIRPA expires and legislation which prohibits industrial action by prison officers will come into effect. The POA intend to pursue international law remedies.
