Prison Officers' Rights in England and Wales

Who this guide is for

Prison officers and other prison staff in England and Wales:

• staff of public sector prisons run by HM Prison and Probation Service (HMPPS), and
• custody officers and prisoner custody officers in privately run prisons and prisoner escort services.

What this guide does not cover

• Prison officers in Scotland or Northern Ireland: see Prison Officers' Rights in Scotland or Prison Officers' Rights in Northern Ireland.
• Your general rights as an employee (pay slips, sick pay, holiday, notice): see Your Rights as an Employee in England, Wales and Scotland.
• How to blow the whistle and who to tell: see Whistleblowing at Work in England, Wales and Scotland.
• Discipline and grievance procedures inside the prison service, pensions and pension age. Ask your union.
• Ballots, picketing and the general rules on strikes: see Can My Employer Refuse to Recognise Our Union in England, Wales or Scotland?.
• Tribunal time limits in detail: see Employment Tribunal Claims in England, Wales and Scotland.

What the rules depend on

1. Who employs you? HMPPS (public sector) or a private company running a prison or escort contract.
2. What is your job? Prison officer, custody officer, prisoner custody officer, or other prison staff.
3. What is it about? Industrial action, dismissal, pay, an assault at work, or whistleblowing.
4. When did it happen? That date decides your tribunal time limit.

"Can prison officers strike?"

Section 127 of the Criminal Justice and Public Order Act 1994 makes it unlawful to induce a prison officer to take, or continue to take, any industrial action, or to commit a breach of discipline.

"Industrial action" here means:

• withholding your services as a prison officer, or
• any action that would be likely to put at risk the safety of any person.

The duty not to do this is owed to the Secretary of State. The Secretary of State can bring court proceedings to stop it, and can claim for any loss or damage it causes. It is a civil matter, not a criminal offence.

In England and Wales, "prison officer" here means anyone appointed under section 7 of the Prison Act 1952 (except chaplains and assistant chaplains), and custody officers and prisoner custody officers, including those working for private companies.

The Secretary of State can suspend section 127 by order, but only with the approval of both Houses of Parliament.

The 2026 changes to strike law (for example, the removal on 18 February 2026 of the 12-week limit on unfair dismissal protection for taking part in protected industrial action) are general rules. This guide does not cover how they interact with section 127: ask your union.

"Am I an employee? Can I claim unfair dismissal?"

While acting as a prison officer you have all the powers, authority, protection and privileges of a constable. Even so, the law says this does not make you "in police service" for employment law. So you are not shut out of employment rights the way police officers are.

Staff employed for the purposes of a government department are in "Crown employment". Most Employment Rights Act 1996 rights apply to Crown employment, including unfair dismissal and whistleblowing protection.

Unfair dismissal needs at least 2 years of continuous employment now, and at least 6 months where the employment ends on or after 1 January 2027. Some dismissals need no minimum service, such as a dismissal for whistleblowing.

Statutory redundancy pay under the Employment Rights Act does not apply to employment that is treated as civil service for pension purposes. HMPPS staff have access to a civil service pension. Ask your union or HR what redundancy terms apply to you.

If you work for a private company running a prison or escort contract, you are that company's employee. The ordinary rules apply: see Your Rights as an Employee in England, Wales and Scotland.

"How is my pay set?"

The Prison Service Pay Review Body (PSPRB) gives independent advice on pay for governors, operational managers, prison officers and support grades in the England and Wales Prison Service. Its reports are published on GOV.UK.

The PSPRB does not set pay for staff of private prison companies. Their pay is set by their employer, and must be at least the National Minimum Wage: see The Minimum Wage in the UK.

"I've been assaulted at work"

Under the Assaults on Emergency Workers (Offences) Act 2018, a prison officer is an emergency worker. So is anyone else employed or engaged in a custodial institution to carry out functions like a prison officer's. Custody officers and prisoner custody officers count while carrying out escort functions.

Common assault or battery against an emergency worker acting in the exercise of their functions carries a higher maximum sentence than ordinary common assault. The maximum sentence on indictment is 2 years in prison. It does not matter whether the work is paid or unpaid.

Report an assault to the police. Your employer also has health and safety duties: see Health & Safety at Work: Your Rights in 2026.

"What about working time and whistleblowing?"

The Working Time Regulations 1998 treat the prison service as one of the "civil protection services". Some limits (such as the 48-hour week, rest breaks and rest periods) do not apply only "where characteristics peculiar to certain specific services such as the armed forces or the police, or to certain specific activities in the civil protection services, inevitably conflict with the provisions of these Regulations". Otherwise the normal rules apply.

You are protected from being treated badly or dismissed because you made a protected disclosure: see Whistleblowing at Work in England, Wales and Scotland.

Deadlines you must meet

• Most employment tribunal claims: 3 months less 1 day from the act you are complaining about. It is 6 months less 1 day only where that act (or the last act in a series) happened on or after 1 October 2026.
• Notify Acas within your time limit. Early conciliation pauses the clock. If you contacted Acas on or after 1 December 2025, early conciliation can last up to 12 weeks.
• A grievance does not stop the tribunal clock.

Money figures

• Assault on an emergency worker: up to 2 years in prison on indictment.
• National Minimum Wage from 1 April 2026 (private prison staff): £12.71 an hour for workers aged 21 and over.

Traps

• Section 127 is not only about walk-outs. Any action likely to put someone's safety at risk counts as industrial action.
• Having a constable's powers does not take away your employment tribunal rights.
• Private prison custody officers are covered by section 127 too.
• Statutory redundancy pay under the Employment Rights Act does not apply to employment treated as civil service for pension purposes. Check with your union or HR whether this applies to you.
• Do not use the 6-month tribunal limit for an act that happened before 1 October 2026.