Who this guide is for
Prison officers and other staff of the Northern Ireland Prison Service (NIPS), and custody officers and prisoner custody officers working in Northern Ireland.
What this guide does not cover
⚖ At a glance
- It is unlawful to induce a prison officer in Northern Ireland to take any industrial action. The Department of Justice can go to court to stop it.
- NIPS is an agency within the Department of Justice. It runs three prisons: Maghaberry, Magilligan, and Hydebank Wood College and Women's Prison.
- Having a constable's powers does not put you "in police service" for Northern Ireland employment law.
- Most rights in the Employment Rights (Northern Ireland) Order 1996, including unfair dismissal and whistleblowing protection, apply to Crown employment.
- The Prison Service Pay Review Body advises on pay for NIPS staff.
- Before most tribunal claims you must notify the Labour Relations Agency (LRA). Most claims must be made within 3 months less 1 day.
What the rules depend on
- Are you NIPS staff, or a custody officer working for another employer?
- What is it about? Industrial action, dismissal, pay, or whistleblowing.
- When did it happen? That date decides your time limit.
"Can prison officers in Northern Ireland 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.
In Northern Ireland, "prison officer" includes anyone appointed under section 2(2) of the Prison Act (Northern Ireland) 1953, except chaplains, assistant chaplains and medical officers. It also includes custody officers and prisoner custody officers.
In Northern Ireland the duty is owed to the Department of Justice, which can bring court proceedings to stop it and claim for any loss or damage. It is a civil matter, not a criminal offence.
The Department of Justice can suspend section 127 in Northern Ireland by order, but only with the approval of the Northern Ireland Assembly.
"Am I an employee? Can I claim unfair dismissal?"
For Northern Ireland employment law, a member of the prison service who has the powers or privileges of a constable is not treated as being in police service because of those powers.
The Employment Rights (Northern Ireland) Order 1996 applies most of its rights to Crown employment. "Crown employment" means employment under or for the purposes of a government department. The parts that apply include unfair dismissal (Part XI) and protected disclosures (whistleblowing, Part VA).
This guide does not set out the qualifying period for unfair dismissal in Northern Ireland: see Your Rights as an Employee in Northern Ireland. The Great Britain change to 6 months from January 2027 does not apply in Northern Ireland.
The Equality Act 2010 does not apply in Northern Ireland. Northern Ireland has its own equality laws. Ask the Equality Commission for Northern Ireland.
"How is my pay set?"
The Prison Service Pay Review Body gives independent advice on the pay of governors, prison officers, support grades, and prisoner escorting and court custody service grades in the Northern Ireland Prison Service. Its Northern Ireland recommendations go to the Minister of Justice in Northern Ireland.
"What about working time and whistleblowing?"
The Working Time Regulations (Northern Ireland) 2016 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 Northern Ireland.
Deadlines you must meet
- Most industrial tribunal claims: 3 months less 1 day from the act you are complaining about.
- Before most claims you must notify the LRA and consider early conciliation.
- Do not assume the October 2026 change to 6 months applies. It is Great Britain law.
Money figures
- This guide gives no pay figures. The Prison Service Pay Review Body's Northern Ireland reports are on GOV.UK.
Where to go for help
Labour Relations Agency (LRA): 03300 555 300. Early conciliation, and free, confidential and impartial advice on employment rights.
Equality Commission for Northern Ireland: 028 9050 0600. Enquiries about equality or discrimination at work.
Your union: for example the POA or NIPSA. Advice and representation.
Advice NI: 0800 915 4604
Traps
- Section 127 still covers prison officers in Northern Ireland, unlike Scotland.
- There is no Acas early conciliation in Northern Ireland. Use the LRA.
- Do not use the Equality Act 2010 or its wording in Northern Ireland.
- The England and Wales assault law (the Assaults on Emergency Workers (Offences) Act 2018) does not extend to Northern Ireland.
- Most tribunal claims in Northern Ireland stay at 3 months less 1 day.
📜 Sources (checked 23 October 2026)
- legislation.gov.uk, Criminal Justice and Public Order Act 1994, section 127 (subsections (1), (1A), (2), (3), (4)(a) and (c), (8); Northern Ireland words inserted 12 April 2010 by SI 2010/976) and section 127A ((1A), (5), (6)), legislation.gov.uk/ukpga/1994/33/section/127 and /127A, read 23 Oct 2026.
- legislation.gov.uk, Regulatory Reform (Prison Officers) (Industrial Action) Order 2005, Explanatory Note (section 127 "will continue to apply in respect of such a prison officer in Northern Ireland"), legislation.gov.uk/uksi/2005/908/made, read 23 Oct 2026.
- legislation.gov.uk, Criminal Justice and Public Order Act 1994, section 126 (Service in England and Wales and Northern Ireland; relevant employment legislation includes the Employment Rights (Northern Ireland) Order 1996), legislation.gov.uk/ukpga/1994/33/section/126, read 23 Oct 2026.
- legislation.gov.uk, Employment Rights (Northern Ireland) Order 1996, article 236(1)-(3) and Part headings (Part VA Protected Disclosures, Part XI Unfair Dismissal), legislation.gov.uk/nisi/1996/1919/article/236 and /contents, read 23 Oct 2026.
- Department of Justice NI, About Northern Ireland Prison Service, justice-ni.gov.uk/articles/about-northern-ireland-prison-service, read 23 Oct 2026.
- GOV.UK, Prison Service Pay Review Body - About us, gov.uk/government/organisations/prison-services-pay-review-body/about, read 23 Oct 2026; PSPRB 25th Report 2026 terms of reference (NI recommendations to the Minister of Justice, Northern Ireland), assets.publishing.service.gov.uk/media/69c509c8b66ff902f4544233/PSPRB_25th_Report_2026_Web_Accessible.pdf, read 23 Oct 2026.
- Working Time Regulations (Northern Ireland) 2016, regulations 2 and 22(2)(a): source library c0557 (captured 13 Oct 2026).
- legislation.gov.uk, Assaults on Emergency Workers (Offences) Act 2018 (extent E+W), legislation.gov.uk/ukpga/2018/23/section/1, read 23 Oct 2026.
- As in our Northern Ireland employee rights, tribunal and police officer guides (checked September 2026): LRA, 3-month limit, Equality Commission, helplines.