Workers at an east Ayrshire nationalised prison have threatened to go on strike over wages and working conditions.
An indicative ballot with a 60% turnout yielded 98% in favour of industrial action, including strikes, among unionised workers at the HMP Kilmarnock.
It happened only a few days after the Scottish institution Service acquired the formerly private institution, bringing it under public ownership.
Our members are incensed for a number of reasons,” stated Community’s regional secretary for Scotland, Steve Farrell.
The Scottish Prison Service and the Scottish Government are under pressure from us alone as a union.
The recent de-recognition of Community at HMP Kilmarnock, which was approved by the Sottish Government and the SPS, is completely reckless and may even be against the law.
The current Kilmarnock personnel recognition agreement was signed in good faith with Serco in September 2023, and it includes a September 2024 review deadline.
Each staff member’s individual contract contains a clear statement recognising the community’s authority in all collective bargaining topics. These contracts are legally binding.
The suggestion made by the Scottish Prison Service (SPS) and the Scottish Government that HMP Kilmarnock is no longer a separate entity from the rest of the Scottish Prison estate is utterly false. This is especially true given that the terms and conditions of the Kilmarnock staff are not being immediately synchronised with those of other Scottish prisons.
The SPS is not only intentionally breaching TUPE regulations, but also endangering Kilmarnock’s labour relations; they must return to the negotiation table, and the Scottish Government must take action beyond passively observing the situation.
According to the community, it has been the official trade union at HMP Kilmarnock since 2001 and is alone in charge of all labour union collective bargaining on behalf of the employees.
Community, which organised the indicative poll for industrial action, represents over 70% of the prison’s operational personnel group.
The labour union that represents inmates in the jail is not recognised by the Scottish Government or the SPS, nevertheless.
HMP Kilmarnock is a safe, secure, and well-run establishment, and we are grateful for everything the Community union has done over the years to support this,” a spokesman for the Scottish Prison Service stated.
Staff at HMP Kilmarnock have been invited to join our registered unions, Prospect, PCS, and POA, at a time when we are commemorating 20 years of a cooperation agreement with them, following the facility’s smooth transition to the SPS.
“We are implementing a harmonisation process with our union partners, which will result in a salary increase for HMP Kilmarnock staff.”
There will be more jobs as a result of the jail being a public entity, according to the jail Officers Association, which represents the great majority of SPS employees.
The first thing that is going to happen is that we are going to have to recruit somewhere between 50 and 70 staff based on the current level that they (HMP Kilmarnock) have,” said Phil Fairlie, chairwoman of the POA, to STV News.
To add that many employees to the complement for only one prison would be substantial. That is only one of the many glaring instances of how the commercial and public sectors run the daily operations differently.
The terms and conditions for staff are already being discussed by the trade union and the prison service, and that will be another change that occurs throughout this year.
The Scottish Prison Service (SPS) has committed to harmonising all the terms and conditions, including pay, of HMP Kilmarnock staff with those of SPS staff within 12 months of the transfer,” a spokesman for the Scottish Government stated.
Exceeding capacity
The governor of HMP Kilmarnock has issued a warning that the prison is already at capacity, coinciding with the ongoing wage dispute.
According to Craig Thomson, the institution must manage an increasingly complex population while striking a delicate balance.
Speaking to STV News, he discussed the jail’s transition to the Scottish Prison Service following the termination of its £368 million contract with Kilmarnock Prison Services Ltd.
The move comes at a time when the prison estate has been under increased scrutiny in recent months due to worries about its suitability for purpose and congestion. The facility opened in 1999 and was previously managed by private contractor Serco.
Big challenges are ahead, according to Mr. Thomson, who complimented the work of everyone involved in the changeover earlier this month.
You get your home report done when you sell a house,” he stated. That is what takes place in a prison, which is akin to a tiny hamlet, thus an investigation into it is necessary. In addition, there is the ongoing care, dignity, and well-being of the individuals we look after.
According to those involved in the move from private to public ownership, preserving HMP Kilmarnock’s operational stability was a top concern.
That was probably one of the fundamental reasons as to why we kept some of the technology systems that Kilmarnock has adopted, which are not within the SPS,” stated Lorraine Roughan, deputy governor of the Scottish Prison Service.
Although it may complicate our management as an organisation, it actually facilitates the smooth operation of the staff and residents’ daily lives.”
Scotland has fifteen jails, and with the prison population expected to reach an all-time high of over 8,500 this year, there are concerns that the system may be on the verge of collapse.
The bottom line is Kilmarnock prison is already overcapacity,” Mr Thomson continued. There were 583 people here this morning. By the time play ends today, it will return to 600.
We are capable of doing that well. I find it unpleasant when you get above 600, maybe around 650. It is possible, but there will be consequences, so you must declare, “I’m not here to warehouse people.” None of the jail governors wants it to happen.
Considering that several people are already doubled up, I believe that 650 is the point at which I would say, “Let’s take a breath here.” A delicate balance needs to be struck between the long-term political perspective and the short-term surge.
The chief inspector of prisons warned a Holyrood committee earlier this month that HMP Greenock in Inverclyde ought to be “bulldozed” and that HMP Barlinnie in Glasgow was in danger of experiencing “catastrophic failure.”
In an attempt to lower the number, the Scottish Government is reportedly considering new laws, backup plans, and community service investments.
By 2026, HMP Glasgow is expected to take the position of Barlinnie.
Mr. Thomson stated, “This prison is only 25 years old.
It’s not Barlinnie. In the 1980s, I lived in Peterhead. This isn’t a Victorian jail.
Since Kilmarnock is in a prime location, perhaps the purpose of the prison service should reconsider in the future. “We know we talk about HMP Glasgow, and I’m not going to get involved in that as the incomer to the bloc, but there is significant land here and there is an opportunity for the prison service now that it runs and operates as a Crown facility.
Prison staff are now less safe
Although it will rely on many circumstances, the eventual total cost of operations at HMP Kilmarnock is currently projected to be £18.6 million for 2024–2025.
The Scottish Conservatives said that because essential equipment was lost during the transition, prison staff now felt “less safe.”
The party’s Scottish Conservative justice spokesman, Russell Findlay, stated: “It’s astounding that contractual issues with staff are still unresolved, resulting in the threat of industrial action, five years after Humza Yousaf announced the transfer of HMP Kilmarnock into state control.”
It’s also remarkable that the justice minister has only now, following the transfer, acknowledged that the additional costs to taxpayers will amount to millions of pounds.
The SNP government’s animosity towards the private sector has resulted in the removal of body-worn cameras and the removal of drug detecting canines from the premises, which have prevented the seizure of £1.2 million worth of contraband, making HMP Kilmarnock employees less safe.
As part of a “successful transition process,” detection dogs and handlers were moved to the SPS, according to the Scottish Prison Service.
