Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether (a) directly and (b) non-directly employed prison staff who are instructed to (i) self-isolate in response to track and trace or (ii) shield are entitled to full pay; and if he will make a statement.

Directly employed prison staff who are instructed to self-isolate or shield will receive special leave with full pay. This is consistent with the approach taken for all Ministry of Justice employees.

There are two main types of non-directly employed prison staff - agency workers and sessional workers.

Agency workers are employees of their respective agency, therefore there is no entitlement to HMPPS occupational sick pay or paid special leave. This is consistent with Agency Worker Regulations 2010. Where an agency worker is shielding in line with public health guidance, they will be able to access the Job Retention Scheme through their employer, the agency. Agency workers required to self-isolate in response to track and trace are eligible for Statutory Sick Pay.

Where someone is classed as a sessional worker, there is no obligation to provide them with work, or for them to accept it. Typically, these workers will be in prisons, in roles such as chaplains. A decision by HMPPS was taken early on to pay sessional workers who were unable to work during the first wave of Covid-19, either due to shielding, self-isolating or where work had temporarily ceased.

This approach ensures parity across all types of non-directly employed prison staff.