Can Prison Officers Strike? Section 127 and the Law (2026)

In shortPrison officers in England and Wales cannot lawfully strike, work to rule or otherwise take industrial action.

The restriction dates from the Criminal Justice and Public Order Act 1994, and the courts have enforced it against the union several times since. People search for it when pay awards are announced, when the POA is in the news, or when weighing up a career with little bargaining power.

Because officers cannot negotiate under threat of industrial action, an independent body, the Prison Service Pay Review Body, makes pay recommendations that Government decides on. Our PSPRB explainer sets out how that works, and our pay award history lists the outcomes year by year.

• This guide describes the published legal position and the dated events we could verify.
• It is neutral: what the law says, what the courts decided, and what the union and Government have said.
• It is not advice on what any individual should do. Serving officers should speak to a POA representative or a solicitor, and see the POA explained.

In shortSection 127 is a civil duty not to induce prison officers to take industrial action, enforced by injunction and damages rather than as a criminal offence.

Section 127 of the Criminal Justice and Public Order Act 1994 is titled 'Inducements to withhold services or to indiscipline'. A person contravenes it if they induce a prison officer to take, or continue to take, any industrial action, or to commit a breach of discipline.

The definition of industrial action was widened in 2008 by the Criminal Justice and Immigration Act 2008. The section is aimed at inducement, so a union that induces action is the obvious target, which is why the legal history involves the POA.

Industrial action

The withholding of services as a prison officer, or any action likely to put at risk the safety of any person, whether a prisoner, a person working at or visiting a prison, a person working with prisoners, or a member of the public.

Who the duty is owed to

The Secretary of State (in Scotland, the Scottish Ministers; in Northern Ireland, the Department of Justice). The Secretary of State can bring civil proceedings against an apprehended contravention, and can sue for loss caused by a breach.

Prison officer

Staff appointed under the Prison Act 1952 (other than chaplains), Northern Ireland prison staff appointed under the 1953 Act, and custody officers and prisoner custody officers, which brings in contracted-out prisons and escort services.

In shortThe PSPRB was created in 2001 as a compensatory mechanism, and the POA's complaint to the ILO did not change the arrangement.

The statutory restriction dates from the Criminal Justice and Public Order Act 1994. We have not researched the pre-1994 position and do not describe it; everything below is limited to what we could source for 1994 onwards.

In shortInjunctions in 2016 and 2017 led to a permanent injunction on 19 July 2017; later breaches led to a contempt judgment on 19 December 2019.

The best-sourced sequence of events comes from the High Court's own judgment of 19 December 2019 and from contemporary news.

In shortWe found no sourced industrial action in 2023 or 2024, and the 2023 to 2026 awards were all accepted by Government.

The brief for this page asked whether 2023 and 2024 saw industrial action. We looked for sourced evidence and found none. None of this means there were no tensions: the POA's strategy since the injunction has been political and legal rather than industrial, and we do not infer dispute activity from the absence of coverage.

• In the PSPRB's 2026 report the POA noted that the PSPRB is a compensatory mechanism for prison staff who, save for OSGs, cannot take any form of industrial action or even withdraw from unpaid duties as leverage on pay or conditions.
• The PSPRB itself says that changes to employment law will reduce barriers to industrial action for other workers while the majority of its remit group cannot take any form of industrial action.
• The POA's approach since the injunction has been lobbying Ministers, giving evidence to the PSPRB, and the 2026 campaign described next.

In shortThe POA reports a Council of Europe finding against the UK and an ECHR application, but we found no Government response and the ban stands.

In a circular dated 24 March 2026, the POA General Secretary wrote to the Deputy Prime Minister and Justice Secretary about section 127. The circular is a union statement.

It says the European Committee of Social Rights (the Council of Europe body that supervises the European Social Charter) published conclusions at the end of January 2026 finding the United Kingdom in breach of its obligations in relation to prison officers (excluding Scotland).

It describes the finding as concerning a blanket ban on striking without meaningful alternative protections, and says the POA has an application lodged at the European Court of Human Rights.

In shortSection 127 covers the whole UK, but the POA says Band 2 OSGs and Scotland are treated differently, and pay is set differently in each nation.

Section 127 covers the whole United Kingdom with different enforcing bodies, so a custody officer in a contracted-out prison is within the definition of 'prison officer' even though the PSPRB does not set their pay.

England and Wales: Band 2 OSGs

The POA's statement that Band 2 Operational Support Grades are not subject to the same restriction is recorded in the PSPRB's 2026 report. It also notes that the POA asked for OSGs to be removed from the PSPRB's remit and returned to collective bargaining; the PSPRB said that was a matter for Government.

Scotland

The POA's March 2026 letter says the Scottish Government has restored the right to strike for the POA in Scotland. We have not verified that against Scottish legislation, so treat it as the union's statement. Pay is negotiated separately from the PSPRB: see prison officer pay in Scotland.

Northern Ireland

Officers are within the PSPRB's remit and within section 127, with the Department of Justice as the enforcing authority; see pay in Northern Ireland.

In shortWe do not tell anyone what to do; the published sources say section 127 is enforced against the union, but withholding your services still raises employment and conduct issues.

We are not going to tell anyone what they should do, and nothing here should be read as encouragement to take or avoid any action. What the published sources say is narrower.

Section 127 is framed around inducement and is enforced by the Secretary of State through civil proceedings, which is why the cases we found are against the POA, not against individual officers.

But that does not mean an individual is free of consequences: withholding your services is a matter of your employment contract and HMPPS conduct and discipline rules, which we do not cover here.

1. Read your own contract and HMPPS policy on conduct and attendance; ask your line manager or HR if unsure.
2. Talk to your POA representative about the union's position and what protection you have.
3. If you are asked to participate in anything, or are interviewed about it, get advice before you respond.
4. For pay concerns, use the lawful routes: union evidence to the PSPRB, your MP, and the staff voice processes HMPPS runs.
5. Keep records of dates and instructions you receive.

In shortIt could, but there is no published sign that it will.

Changing section 127 would need an Act of Parliament or a ministerial order under a statutory power. Nothing we found in the Government's July 2026 remit letter, the PSPRB's 2026 report or the POA's September circular indicates a decision.

The POA's stated aim is a review of the blanket ban with a credible dispute mechanism and mediation; the Government's public position on that request is something we could not find.

We will update this page and the news hub when a primary source appears. For the 2027/28 pay round that will shape this debate, see our 2027/28 pay rise guide.

• The PSPRB notes that employment law changes will reduce barriers to action for other workers while most of its own remit group cannot act, which sharpens the contrast.
• The ECHR application is lodged but has no reported outcome.
• Both are context, not predictions. Beyond that, the long-run questions are for Parliament, not for this site.