Prison Officers' Rights in Scotland

Who this guide is for

Prison officers and other staff in Scotland:

• staff employed by the Scottish Prison Service (SPS), and
• prisoner custody officers working for a private company, for example in the privately run prison or on prisoner escorts.

What this guide does not cover

• Prison officers in England and Wales or Northern Ireland: see Prison Officers' Rights in England and Wales or Prison Officers' Rights in Northern Ireland.
• Your general rights as an employee: 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.
• Ballots, picketing and the general rules on strikes: see Can My Employer Refuse to Recognise Our Union in England, Wales or Scotland?.
• SPS pay scales, discipline procedures and pensions. Ask SPS or your union.
• Tribunal time limits in detail: see Employment Tribunal Claims in England, Wales and Scotland.

What the rules depend on

1. Who employs you? SPS, or a private company (the privately run prison or an escort contract).
2. What is your job? Prison 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 in Scotland strike?"

Section 127 of the Criminal Justice and Public Order Act 1994 makes it unlawful to induce a prison officer to take industrial action. In 2005 a government order took prison officers in Scotland (and, at that time, in England and Wales) out of section 127. England and Wales prison officers were put back in 2008. Scottish prison officers were not.

So the section 127 ban does not apply to SPS prison officers. Any industrial action is subject to the general trade union rules, such as ballots and notice: ask your union.

Section 127 still applies to prisoner custody officers, including those in Scotland who work for private companies running a prison or escorts. For them, inducing industrial action (withholding services, or any action likely to put anyone's safety at risk) is unlawful, and the Scottish Ministers can go to court to stop it.

"What are my employment rights?"

The Employment Rights Act 1996 applies in Scotland. Most of its 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.

The Equality Act 2010 protects you from discrimination, harassment and victimisation at work.

If you work for a private company, you are that company's employee and 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 covers England and Wales and Northern Ireland only. It does not advise on SPS pay. This guide does not set out how SPS pay is agreed: ask SPS or your union.

Private company staff are paid by their employer, at no less than the National Minimum Wage: see The Minimum Wage in the UK.

"I've been assaulted at work"

The Assaults on Emergency Workers (Offences) Act 2018 does not apply in Scotland.

In Scotland, the Emergency Workers (Scotland) Act 2005 makes it an offence to assault, obstruct or hinder certain emergency workers responding to emergency circumstances. Prison officers and prisoner custody officers are on the list. The maximum penalty on summary conviction is 12 months in prison, a fine, or both.

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

• Emergency Workers (Scotland) Act 2005 offence: up to 12 months in prison on summary conviction.
• National Minimum Wage from 1 April 2026 (private company staff): £12.71 an hour for workers aged 21 and over.

Traps

• Do not apply the England and Wales section 127 ban to SPS prison officers. It was removed for Scotland in 2005.
• Prisoner custody officers in Scotland are still covered by section 127.
• The England and Wales assault law (the 2018 Act) does not apply in Scotland. Scotland has its own 2005 Act.
• The Prison Service Pay Review Body does not set SPS pay.
• Do not use the 6-month tribunal limit for an act that happened before 1 October 2026.