Community blasts Scottish Prison Service over derecognition at HMP Kilmarnock

Justice workers’ union Community has blasted the Scottish Prison Service (SPS) and Scottish Government over the decision to re-recognise the trade union at HMP Kilmarnock following the prison’s transfer from Serco to the public sector.

Community has been the recognised trade union at HMP Kilmarnock since 2001, with full responsibility for all collective bargaining on behalf of the workforce. Approximately 70% of the operational staff group at the prison are represented by Community, which is set to issue an indicative ballot for industrial action.

Steve Farrell, Community’s Regional Secretary for Scotland, said:

“The recent decision by the SPS and supported by the Sottish Government to de-recognise Community at HMP Kilmarnock is wholly irresponsible and potentially illegal.

“The existing Staff Recognition agreement at Kilmarnock has a next review date of September 2024 and was signed in good faith with Serco in September 2023. The individual contracts for staff are legal and binding, and within every individual contract is the explicit clause that Community is recognised for all matters of collective bargaining.

“It’s completely disingenuous for the SPS and Scottish Government to suggest that HMP Kilmarnock is no longer a separate entity to the rest of the Scottish Prison estate, especially as staff terms and conditions at Kilmarnock are not being aligned with other Scottish prisons with immediate effect. The SPS are not just deviating from TUPE rules, but willfully putting industrial relations at Kilmarnock at risk – they need to get back round the table, and the Scottish Government need to do more than just shrug their shoulders from the sidelines.”

Katy Clark, Labour MSP for West Scotland, raised concerns around the issue in a question in the Scottish Parliament this week, calling on the Cabinet Secretary for Justice and Home Affairs to intervene to resolve the dispute. You can watch Katy Clark MSP’s question to the Cabinet Secretary here: https://twitter.com/KatySClark/status/1770451195842228596

Community is the union for justice and custodial sector workers, representing thousands of members whose work is vital to our justice system and to public safety. Our members work for a range of organisations in the sector. We represent workers at private prisons, secure immigration centres, young offender institutions, courts, in prisoner escorting and much more. We are a modern trade union, campaigning for a better working world.