High Court, QBD on 18th February 2008, reported at [2008] ICR 702 (also at [2008] IRLR 380)

NOTES

  • Ministry of Justice v Prison Officers Association, High Court, QBD on 18th February 2008, reported at [2008] ICR 702 (also reported at [2008] IRLR 380).
  • The full text judgment of this case is available free of charge on the BAILII website

    Representation:

  • Mr J Bowers QC and Mr B Carr (instructed by The Treasury Solicitor) for the Ministry
  • Mr J Hendy QC and Ms R Tuck (instructed by Messrs Lees Lloyds Witley Solicitors) for the Trade Union

    On 29th August 2007 prison officers went on strike. An emergency injunction to end this was obtained on the same day, on the grounds that the Prison Officers Association ("POA") was in breach of the provision contained in the "Joint Industrial Relations Procedural Agreement" (JIRPA) whereby the POA had agreed not to strike.This agreement had replaced the previous statutory ban on prison officers striking.

    The High Court (Wyn Williams J) has now ordered that the injunction will stay in place until 8th May 2008. At that date the JIRPA ends but a new statutory ban on strikes will be in place (see Criminal Justice & Immigration Bill 2008).

    Both sides agreed that the strike breached the legally binding agreement. However, the POA argued that the Ministry was not entitled to an injunction, as it had behaved inequitably because it had "intentionally refused to provide adequate compensatory measures as recompense for the prohibition upon striking in the JIRPA." This was because the Pay Review Body could not reach independent binding decisions.

    The court rejected this. The Ministry had declined to follow the PRB's recommendations due to "exceptional circumstances" (in this case affordability). It was part of the agreement with the POA that it could do so. It had therefore behaved perfectly equitably, and done nothing to undermine the spirit of the JIRPA. It was entitled to the injunction, which was granted.

    For relevant general notes see Specific employments/prison officers and/or Bills before Parliament/Criminal Justice and Immigration Bill .

    FINISH>
    prepared April2008