
STAND-BY hours are working time and should be compensated with rest periods, an employment tribunal has ruled.
Probation hostel manager Andrew Wisdom today said that he hoped his legal victory could see overworked colleagues get a better work-life balance.
Unison confirmed it was discussing the judgement’s implications with the service.
Mr Wisdom oversaw 24 probation hostels and ensured support for high-risk people transitioning from prison into the community.
As part of his role, the 56-year-old area manager was also often on standby outside his usual 9am to 5pm shifts.
Based in Milton Keynes but managing premises as far away as London, he was frequently called out to attend late-night emergencies, such as when residents went missing or got into trouble with the police.
The Watford tribunal ruled that he was not given sufficient compensatory rest after being on-call during unsocial hours, breaching working time regulations.
Mr 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.”
Compensation is to be decided at a remedy hearing.
It is understood that the Ministry of Justice will appeal the judgement.