The judgment came in a case brought against The Secretary of State for Justice by UNISON member Andrew Wisdom, an Approved Premises Area Manager (APAM) based in London, who was represented by Thompsons Solicitors through UNISON’s legal services scheme.  

Mr Wisdom, who lives in Milton Keynes, was frequently called to attend late-night emergencies when residents of the hostels went missing or got into trouble with the police.  

He was also responsible for managing staff and ensuring the safe rehabilitation of high-risk individuals transitioning from prison into the community, often while on standby outside his normal contracted hours of 09:00 to 17:25, Monday to Friday. 

The Tribunal concluded that Mr Wisdom’s standby duties placed significant restrictions on his ability to rest and spend time with his family, and that no system of compensatory rest was provided, despite the employer’s policies suggesting otherwise. 

Following a hearing that took place in July 2025, the Tribunal ruled that Mr Wisdom’s standby hours between 17:25 and 1:00am each night from 27th March to 3rd April 2023 amounted to working time, and that no compensatory rest had been provided. The remedy hearing is yet to be listed. 

Sanjana Hossain, from Thompsons Solicitors, said: “This is a significant decision that provides much-needed clarity on the legal status of standby or out-of-hours duties. The Tribunal rightly recognised that workers like Mr Wisdom are severely restricted during these periods and cannot meaningfully rest or disengage from work. 

“This ruling is a reminder that the Working Time Regulations are there to protect workers' health and wellbeing—and employers must ensure that their on-call systems comply with the law. We’re proud to have supported Mr Wisdom and will continue to work alongside UNISON to seek improvements to these arrangements across the service.” 

Andrew 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.” 

Case Summary 

Mr Wisdom is employed as an Area Manager overseeing multiple Approved Premises (APs)—residential units that provide supported accommodation for individuals released from custody under licence conditions. In addition to his contracted hours of 09:00 to 17:25, Monday to Friday, Mr Wisdom is required to undertake standby duty one week in every four, covering nighttime and weekends. 

While on standby, Mr Wisdom is required to remain contactable, respond to urgent calls and emails from AP staff, access confidential offender management systems (including OASYS and NDelius), and, where necessary, attend premises in person. These duties significantly restrict his personal and family life, even when not actively intervening. 

On 7 September 2023, Mr Wisdom submitted a claim to the Employment Tribunal, arguing that the entire period of standby duty should be treated as working time, not just the hours during which he was actively engaged. He further claimed that the employer failed to provide the 11 consecutive hours’ daily rest required under Regulation 10 of the WTR, or to offer equivalent compensatory rest, as required by law. 

In a judgment handed down on 29 July 2025, the Tribunal upheld Mr Wisdom’s claim in part, finding that the hours from 17:25 to 1:00am each night during the standby week constituted working time, and that no compensatory rest had been provided. 

Although internal Probation Service policies refer to a system of compensatory rest, the Tribunal found that such a system does not exist in practice. The ruling is likely to assist UNISON in future negotiations to secure a workable and legally compliant national rest scheme for AP Managers and other staff required to undertake standby duties. 

The employer has since submitted an application to the Tribunal to reconsider part of the judgment in relation to the nights of 31 March–1 April and 2–3 April 2023, alleging that Mr Wisdom received rest during those periods. That application was lodged on 11 August 2025. 

The judgment can be found here Mr A Wisdom v The Secretary of State For Justice: 3312322/2023 - GOV.UK