A probation hostel manager has won a significant employment tribunal, confirming the hours he spent on standby were working time and should be compensated with rest periods, says UNISON today (Friday).
A tribunal in London found all the standby hours for Andrew Wisdom, a 56-year-old area manager who oversaw 24 probation hostels, counted as work periods, not just the time he spent responding to incidents.
It ruled that Mr Wisdom, who lives in Milton Keynes but managed probation premises as far away as London, was not given sufficient compensatory rest after being on-call during unsocial hours, breaching working time regulations.
As part of his role managing staff and ensuring support for high-risk people transitioning from prison into the community, he was also often on standby outside his usual 9am to 5pm shifts.
During this time he was frequently called out to attend late-night emergencies, such as when residents went missing or got into trouble with police. But the tribunal found he was not allocated adequate rest periods.
The level of compensation will be decided at a later remedy hearing.
UNISON is to discuss the implications of the judgment with the Probation Service so staff in similar roles are given the rest periods to which they are entitled.
Andrew Wisdom said: “I’m extremely proud of this legal victory, and grateful for the support received from my colleagues and UNISON. Hopefully, probation staff in similar situations can now look forward to a better work-life balance.”
UNISON general secretary Christina McAnea said: “This important ruling highlights serious flaws in the way regulations have been applied.
“Probation staff are overworked and feel exhausted by the demands of these essential jobs. Experienced workers are leaving the service because there’s only so much they can give.
“Workers like Andrew help to rehabilitate former prisoners and keep communities safe. It’s vital the Probation Service implements the tribunal findings and tackles the problems causing a recruitment and retention crisis across the sector.”
Notes to editors:
– The ruling relates to a period from 27 March to 3 April 2023 for this claim, but Andrew Wisdom was routinely expected to be on standby for lengthy periods where he was given no rest. The employment tribunal found on-call hours between 5.25pm and 1am during that particular week counted as working time and that Andrew Wisdom was denied compensatory rest.
– The full judgement can be found here.
– UNISON is the UK’s largest union, with more than 1.3 million members providing public services in education, local government, the NHS, police service and energy. They are employed in the public, voluntary and private sectors.
Media contacts:
Anthony Barnes M: 07834 864794 E: a.barnes@unison.co.uk
Rosie Sammut M: 07958 063188 E: r.sammut@unison.co.uk
The article Tribunal victory is good news for probation staff, says UNISON first appeared on the UNISON National site.
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