Prison officer off-duty conduct: can you be disciplined?

In shortPublished HMPPS policy expects high standards of personal as well as professional conduct, but the detailed off-duty examples are unpublished.

The only public full text of PSI 06/2010 Conduct and Discipline that we could open is a third-party copy of a 22 July 2013 re-issue, which stops after section 4. Its section on standards says staff should meet high standards of professional and personal conduct.

A 2026 Employment Tribunal judgment (Hayes v Secretary of State for Justice, published 29 September 2026) quotes the HMPPS conduct policy as saying staff are personally responsible for their conduct. It also sets out the Statement of Professional Standards, including its lists of examples of misconduct and gross misconduct.

The Civil Service Code, which the HMPPS Counter Corruption framework says binds HMPPS staff, is not limited to working hours. Its integrity principle is about not misusing your position and not accepting benefits which might compromise your judgement.

In shortThe clearest published statement is the Exclusion Framework, which is about exclusion decisions rather than a disciplinary code.

The Exclusion from Working for HMPPS Policy Framework (in force 1 January 2025) lists behaviours that bear on safety, security and trust. That wording is aimed at exclusion decisions after a dismissal or resignation. It does not say every incident outside work is misconduct, but a conduct investigation would draw on the same ideas.

• Inappropriate relationships with prisoners or people on probation.
• Conveyance of unauthorised items.
• Unauthorised disclosure of information.
• Threatening or harassing behaviour.
• Anything that leads to a criminal caution or prosecution 'whether work related or not'.
• Serious security breaches.
• Deliberate failure to act on information about contraband.
• Violent or threatening behaviour 'at any time whether during the course of employment or at any other time'.

In shortThree published documents create reporting duties, and no England and Wales time limit is published, so tell your manager promptly.

The Civil Service Management Code is the 2016 version of a department-wide framework. HMPPS applies it through its own instructions, so ask how the local process works.

Civil Service Management Code

Civil servants must let their department know if they are arrested and refused bail, or convicted of any criminal offence. There is a limited exception for traffic offences unless an official car was involved or the penalty included imprisonment or disqualification from driving. Anyone who becomes bankrupt or insolvent must also report it.

Vetting policy (PSI 07/2014, revised 20 February 2025)

You must report changes in circumstances. Annex F lists them: address, marriage, civil partnership or co-habiting, new housemates, relationships or relatives abroad, finances, involvement in criminal activity, criminal charges, warnings or convictions, involvement with any individual, group, society or organisation that may be of security concern, disciplinary procedures, and security incidents including employer sanctions for code of conduct misconduct. Do not rely on the traffic-offence exception in the Management Code to skip a report under Annex F; ask the vetting team how it applies, and err on the side of telling them.

Counter Corruption framework

Lists the factors to declare on the standard conflict of interest form: criminal convictions, cautions and investigations, serious financial difficulty, relationships with offenders, business interests and other domestic or personal circumstances. Completing the form does not constitute an admission of corruption. See our guide to declarable associations.

In shortAssume the criminal and disciplinary tracks may run in parallel, and get legal advice before any police interview.

Where there is a criminal investigation, the published Counter Corruption framework says it takes primacy over internal HR proceedings in corruption cases, and the police Senior Investigating Officer decides priority. The Civil Service Management Code says departments should consult legal advisers before disciplinary action in parallel with criminal proceedings.

In a non-corruption case the position is less clear and depends on the facts.

The 2013 text of PSI 06/2010 also says that after a conviction a full investigation may be unnecessary and a 'summary dismissal procedure' may be used. Dismissal is not automatic.

In shortFairness is judged by reasonableness, and for off-duty matters the key employment-law question is the link to the job.

The standard of proof is the balance of probabilities, and the more serious the allegation the more persuasive the evidence needs to be, though not to the criminal standard. The policy also says there should be no dismissal for a first breach of discipline except for gross misconduct.

For off-duty matters the question is the link to the job. A prison officer holds a position of trust with access to vulnerable people, security-sensitive information and the ability to affect safety.

A tribunal would be expected to take that into account, as it did in the Moorland case, where it considered whether the Governor's decision fell within the range of reasonable responses. That case was about conduct at work, not off duty, so it is guidance on process only.

In shortAn off-duty incident can affect vetting and exclusion even without discipline, but dismissal for misconduct does not by itself forfeit a Civil Service pension.

• Clearance lengthTen yearsStandard levels, directly employed staff (framework revised 20 February 2025)
• Exclusion recordUp to ten years, or indefiniteOn the balance of probabilities
• Exclusion appeal15 working daysWritten request to Personnel Security Vetting

Vetting clearance is conditional on aftercare and can be reviewed when circumstances change. If HMPPS withdraws clearance, you may not be able to work in an operational role.

• Holders of Security Check and Developed Vetting complete an annual security review form.
• If you are dismissed or resign during an investigation, the Exclusion Framework allows HMPPS to finish the process and record an exclusion.
• Appeal grounds: the evidence is incorrect or incomplete, the exclusion is disproportionate, its length is excessive, or any other reason you state.
• Poor performance alone is not a reason to exclude.

In shortEarly honesty is better than being found out, but none of the published support is a promise of leniency.

Behaviour off duty is often tied to something going wrong in life: debt, a relationship breakdown, drink, an approach by someone with a criminal link.

HMPPS policy encourages early disclosure where staff have fallen short, and the Counter Corruption framework describes practical measures for staff who are vulnerable, such as changing duties or moving a prisoner.

Line managers are expected to signpost to support. None of that is a promise of leniency. Occupational Health and your POA rep can help you decide what to say and when.

In shortTribunal time limits and qualifying service rules have changed, so check your outcome letter for the appeal deadline immediately.

• Tribunal time limit6 monthsFrom 1 October 2026; it was 3 months before
• Unfair dismissal qualifying service2 yearsUntil 31 December 2026
• Qualifying service from 20276 monthsFor dismissals with an effective date of termination on or after 1 January 2027; the compensation cap is also removed
• Acas Code adjustmentUp to 25%For an unreasonable failure to follow it

Most employment tribunal claims now have a six-month time limit, from 1 October 2026 (it was three months before then), with Acas early conciliation required first and pausing the clock.

None of this replaces personal advice. If a decision has been made, check the appeal deadline in your outcome letter immediately; the E&W internal deadline is not published, so the letter is the only reliable source.

• There is no qualifying period for dismissals linked to protected disclosures, trade union activity, discrimination-related grounds and some other reasons.
• The Acas Code of Practice on disciplinary and grievance procedures is not law. Acas consulted on a revised Code from 30 July to 23 September 2026, so the Code may change.
• The statutory right to be accompanied at a disciplinary hearing is to a colleague, a trade union representative or a union official. The HMPPS case shows an employer agreeing to extra support in a separate room.