Leavers (Police Officers and Authority / Police Staff) Standard Operating Procedure

Transcription

1 Leavers (Police Officers and Authority / Police Staff) Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions Owning Department: Version Number: People and Development 2.00 (Publication Scheme) Date Published: 30/03/2018 (Publication Scheme)

2 Compliance Record Equality and Human Rights Impact Assessment: Date Completed / Reviewed: Information Management Compliant: Health and Safety Compliant: Publishable Scheme Compliant: 28/03/2018 Yes Yes No Version Control Table Version History of Amendments Date 1.00 Initial Approved Version 31/08/ Inclusion of new Leavers Checklist 28/03/2018 (Publication Scheme) 2

3 Contents 1. Purpose 2. Application 3. Resignation 4. Retirement 5. Discharge / Dismissal 6. Exit Interview / Survey 7. SCoPE 8. Certificate of Service 9. Uniform and Equipment 10. Leave Entitlement 11. Reference Requests 12. Roles and Responsibilities Appendices Appendix A Appendix B Appendix C Appendix D Appendix E List of Associated Legislation List of Associated Reference Documents List of Associated Forms Contact Details for HR Shared Services Process Map (Publication Scheme) 3

4 1. Purpose 1.1 This Standard Operating Procedure (SOP) supports the Scottish Police Authority (SPA)/Police Service of Scotland, hereafter referred to as Police Scotland, Resourcing Policy. 1.2 The purpose of this SOP is to provide guidance to police officers and authority/police staff in relation to the relevant associated procedures to be followed for resignations, retirements or individuals leaving SPA/Police Scotland. 1.3 This SOP and the associated procedures will be considered in line with the principles of the Equality, Diversity and Dignity SOP, where appropriate. 2. Application 2.1 This SOP applies to all police officers and authority/police staff. 2.2 The term individual will be used to refer to police officers and authority/police staff from this point forward. 2.3 Where a provision applies to police officers only or to authority/police staff only this will be clearly identified. 3. Resignation 3.1 Police Officer - Where an officer is not yet entitled to receive their pension, then for the purposes of this SOP, this shall be referred to as a resignation. 3.2 Police Officer and Authority/Police Staff - Prior to submitting their resignation an individual should discuss their intention to resign with their Line Manager or, where this is not possible, an appropriate member of the management team. 3.3 Police Officer and Authority/Police Staff - The Line Manager or an appropriate member of the management team should ensure that the individual understands the consequences of acceptance of the resignation, as a resignation may not be withdrawn after it has been accepted by SPA/Police Scotland. 3.4 Police Officer and Authority/Police Staff - After discussing the issue with their Line Manager the individual should complete the Resignation / Retirement Form online if they wish to submit their resignation. 3.5 Police Officers - Must provide one month's written notice (minimum of 28 days) of their intention to resign. In the case of the Chief Constable, Deputy Chief Constable (DCC) or an Assistant Chief Constable (ACC) three months written notice must be provided. NOT PROTECTIVELY MARKED Version

5 3.6 Authority/Police Staff Must provide the minimum period of notice in accordance with their contract of employment. Information regarding notice periods is contained in individual contracts or available by contacting People Direct on Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs or via the People Direct Online Portal. 3.7 The Chief Constable has devolved the decision in terms of shorter notice periods to the Director of People & Development (P&D) therefore any requests for shorter notice periods should be made through P&D (Shared Services). Please refer to Appendix D for the addresses for Shared Services East, North and West. 3.8 An individual s notice period starts from the day after the Resignation / Retirement Form is submitted. 3.9 When the Resignation / Retirement Form is submitted an automated will be sent immediately to the Resource Planning Coordination Unit and P&D (Shared Services East, North or West) to advise that an individual has submitted their resignation and given the appropriate notice The Line Manager should advise the individual that they will be invited to attend an exit interview and that they will be sent a separate exit survey to complete. The Line Manager should confirm the most appropriate address for the exit survey to be sent to. A hard copy of the exit survey is also available if required An exit interview with an appropriate senior officer/manager, normally the Area Commander/Head of Department or a delegated representative, will be scheduled. An individual may be accompanied at an exit interview by a colleague or staff association / trade union representative if they so wish The Area Commander/Head of Department, or a delegated representative, should confirm with the individual that the resignation was submitted after due consideration. Details of any other relevant information where appropriate, should be forwarded to P&D (Shared Services) Resignations will normally be accepted by the Superintendent, Resource Planning & Coordination Unit Where an individual wishes to withdraw their resignation, they must confirm their intention to do so in writing to the Superintendent, Resource Planning and Coordination Unit, as soon as possible. SPA/Police Scotland is entitled to consider any such request and may decide to allow the individual to retract the resignation P&D (Shared Services), on receipt of the Resignation / Retirement Form, will advise all relevant departments and where appropriate ensure the relevant (Publication Scheme) 5

6 pension documentation is forwarded to the Scottish Public Pensions Agency (SPPA) or Local Government Pension Scheme (LGPS). 4. Retirement 4.1 Police Officers - Retirement refers to officers who are entitled to receive their pension having completed sufficient service or reached the Compulsory Retirement Age (CRA) as detailed in Section Authority/Police Staff - Following a change in legislation the default retirement age (a forced retirement age of 65) was abolished which allows individuals to continue to work without seeking permission from SPA/Police Scotland. 4.3 The process detailed in Section 3 should be followed for individuals who wish to inform SPA/Police Scotland of their intention to retire. 4.4 Voluntary Retirement (Officers) The age and date that an officer chooses to retire on may be influenced by which Police Pension Scheme they are a member of. It is recommended that officers contact the SPPA to confirm their pension entitlement prior to completing the Resignation / Retirement Form For the rank of Chief Constable, DCC or ACC three months notice must be given to the SPA before the intended date of retirement. The SPA may, at their discretion, accept shorter notice. For all other ranks at least one months notice must be given (minimum of 28 days). 4.5 Flexible Retirement (Authority/Police Staff) Members of the Local Government Pension Scheme (LGPS) may be able to request a reduction in hours/grade when aged 55 or over (provided they have two years membership) and draw some or all of their pension whilst remaining at work. For advice or calculation of pension entitlement individuals must contact LGPS direct. Further information regarding flexible retirement is available from People Direct. 4.6 Rule of 85 (Authority/Police Staff) Members of the LGPS on or before 30 November 2006, who can satisfy the Rule of 85, may have transitional protection which could entitle them to retire earlier than 65 years of age and receive their pension and lump sum unreduced. SPA/Police Scotland would have to grant permission for a LGPS member to retire before age 60. For advice or calculation of pension entitlement individuals must contact LGPS direct. Further information regarding Rule of 85 is available from People Direct. 4.7 Ill Health Retirement (Publication Scheme) 6

7 4.7.1 Police Officers - The Police Pension Scheme (Scotland) Regulations 2015 provide that an officer may be required to retire on a date determined by the SPA on the grounds that the officer is permanently disabled for the performance of the ordinary duties of a member of the police force. If the officer is found by the Selected Medical Practitioner (SMP) to be permanently disabled for the ordinary duties of a police officer, and there are no suitable alternatives that could be undertaken within Police Scotland, the SPA may decide to retire the officer on medical grounds Authority/Police Staff Ill health retirement will be considered where an individual is permanently unable to perform the duties of their job due to ill health and there are no suitable alternative roles that could be undertaken. Further information is available from People Direct. 4.8 Compulsory Retirement on Account of Age (Officers) The Compulsory Retirement Age (CRA) for officers was reviewed and amended to reflect the introduction of the Employment Equality (Age) Regulations 2006 which were superseded by the Equality Act From 1 st October 2006 CRA are: for a Constable, Sergeant, Inspector or Chief Inspector, 60 years and for an officer with any higher rank, 65 years Compulsory retirement on grounds of age has no bearing on pension rights of members of the Police Pension Scheme (2006) or the Police Pension Scheme (Scotland) An officer who does intend to retire at the CRA must submit the Resignation / Retirement Form at least three months in advance of their Compulsory Retirement Date (CRD) An officer may choose to retire prior to their CRA (see Section 4.4.1). 4.9 Extension of Service (Officers) Extension of service may be granted in special cases where such an extension would be in the interests of maintaining the efficiency and effectiveness of the force The consideration of whether a request for extension is granted may include an objective assessment of an officer s fitness to continue in service, which may include an assessment of skills and performance, medical assessment i.e. referral to Force Medical Adviser (FMA) and role related risk assessment P&D (Shared Services), will issue a notification to all officers approximately 12 months in advance of their CRD. (Publication Scheme) 7

8 4.9.4 Officers should inform Police Scotland of their wish to continue in service at least six months prior to their CRD. The contact details of a designated HR Advisor, to support the process, will be provided in the initial notification from P&D (Shared Services) An application for an extension to service should be submitted on the Extension of Service Request Form ( ) to the designated HR Advisor. The HR Advisor will request recommendations from the officer's Area Commander/Line Manager and submit to the Divisional Commander/Head of Department for consideration and onward transmission to the Director (P&D). The Director (P&D) will consider the extension of service request and respond in writing, within one month of receiving the written notification If approved, the initial extension period will normally be for two years and thereafter reviewed on an annual basis to ensure that the officer remains fit for duty and that retaining the officer remains in accordance with maintaining the efficiency and effectiveness of the force Appeals (Officers) An officer may appeal to the Chief Constable if their request to continue in service is refused. The appeal must be made in writing, stating the grounds of appeal within one month from the request being refused An appeal meeting will be held as soon as is reasonably practicable and officers are entitled to be accompanied by a staff association representative or a colleague. The officer will be advised of the decision in writing The Chief Constable s decision is final Temporary Extension of Service (Officers) Officers should remain in service until the application process, including any appeal, has been completed. If this process cannot be completed in time, the officer should be granted a temporary extension of service When an extension of service has been granted, the officer is not debarred from retiring voluntarily once the period of extension has begun. However, when an extension of service is granted, the end date of the period of extension becomes the officer s new CRD in terms of the Police Pension Regulations If for any reason, the officer decides to leave voluntarily before the new CRD, this will have the same effect on pension entitlements as early retirement in the normal course of events i.e. the percentage of commutation would reduce from 25% to 2.25% It is imperative that any officer considering applying for an extension of service ensures that they are fully aware of the effect this may have on their pension entitlements. (Publication Scheme) 8

9 4.12 Pension Entitlement To ensure pension entitlements are paid on time it is recommended individuals should submit the Resignation / Retirement Form at least three months before they intend to retire. 5. Discharge / Dismissal 5.1 Capability (Attendance and Performance) Police Officer - The Police Service of Scotland (Performance) Regulations 2014 provide that an officer may be dismissed for unsatisfactory attendance or performance. Further information is available in the Capability (Attendance & Performance) (Police Officer) SOP Authority/Police Staff May be dismissed for unsatisfactory attendance or performance. Further information is available in the Capability (Attendance & Performance) (Staff) SOP. 5.2 Misconduct / Discipline Police Officer - The Police Service of Scotland (Conduct) Regulations 2014 provide that an officer may be dismissed for misconduct. The Police (Conduct) (Scotland) Regulations 1996 and Police Service of Scotland (Conduct) Regulations 2013 may also apply in some circumstances. Further information is available in the Police Service of Scotland (Conduct) Regulations 2014 SOP Authority/Police Staff Where gross misconduct is established or where previous warnings / disciplinary action short of dismissal have proved ineffective and further misconduct has occurred dismissal may be considered. Further information is available in the Disciplinary (Authority/Police Staff) SOP. 5.3 Discharge of Probationer (Officers) The Police Service of Scotland Regulations 2013 provide that during a constable s period of probation the services of that constable may be dispensed with at any time by written notice given by the chief constable if the chief constable considers that that constable is not fitted, physically or mentally, to perform the duties of the office of constable, or that that constable is not likely to become an efficient or well conducted constable An officer whose services are dispensed with under this regulation is to be informed in writing and entitled to receive one month s notice or one month s pay in lieu of notice An officer may give written notice of their intention to retire on or before the date on which that officer s services would otherwise be dispensed with, and such a notice taking effect on that date must be accepted by the SPA (Publication Scheme) 9

10 notwithstanding that less than one months notice is given. The officer is entitled to receive pay up to and until the date on which the months notice that officer has received would have expired or where that officer has received or is due to receive one month s pay in lieu of notice that officer remains entitled to that pay. 6. Exit Interview / Survey 6.1 All individuals who leave will be afforded the opportunity to participate in an exit interview / survey with the exception of those leaving as a result of disciplinary or conduct proceedings. 6.2 The Area Commander/Head of Department will invite the leaver to an exit interview and the individual may be accompanied by a colleague or staff association / trade union representative if they so wish. 6.3 As the exit survey is anonymous and confidential the Line Manager should confirm the most appropriate address for the exit survey to be sent to, either work or personal address can be used. A hard copy of the exit survey is also available if required. 6.4 Participation in the exit interview / survey process is voluntary although individuals should be encouraged to participate as this provides constructive and informative feedback of their employment experience with SPA/Police Scotland. 6.5 The exit interview / survey process provides critical information relating to specifically why individuals leave SPA/Police Scotland. The information gathered will identify areas for improvement and help the organisation to implement appropriate retention strategies. 7. System to Co-ordinate Personnel and Establishment (SCoPE) 7.1 On receipt of the Resignation / Retirement Form, P&D (Shared Services) will update SCOPE with the individual s leaving date and reason for leaving. Roster transactions after the leaving date will be cancelled and annual leave automatically prorated (this does not include any annual leave manual adjustments which may require to be reviewed). 7.2 Individuals must submit any outstanding requests for the balance of TOIL, Annual Leave, Overtime, RRRDs etc. and complete any necessary actions on SCoPE prior to their last day at work. Individuals must ensure they use their full entitlement to any outstanding leave and RRRDs prior to termination of service. 7.3 Line Managers must ensure all outstanding requests are approved or rejected and all necessary actions are completed on SCoPE prior to the last day of (Publication Scheme) 10

11 service. Line Managers must ensure that individuals use their full entitlement to leave and RRRDs prior to their last day of service. 7.4 The Line Manager will liaise with P&D (Shared Services) where appropriate and ensure the details on SCoPE accurately reflect the individual s availability up to and including their last day of service. 7.5 Further information is available at SCOPE Leavers Administration Checklist. 8. Certificate of Service 8.1 A Certificate of Service is issued to individuals leaving SPA/Police Scotland and the certificate will confirm the rank and period of service in SPA/Police Scotland; and any other police force / authority. 9. Uniform and Equipment 9.1 All uniform and equipment, including warrant, authorisation or proximity cards, remain the property of SPA/Police Scotland and must be returned when the individual leaves the Police Service. The warrant / authorisation card must be destroyed by the Line Manager. A Leavers Supervisory Checklist (Force Form ) should be completed and forwarded to Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs 10. Leave Entitlement 10.1 Individuals are entitled to annual leave on a pro-rata basis determined by the number of completed days/months service during their final annual leave year. If the amount of annual leave taken exceed the prorated entitlement, the balance will be deducted from the individual s final salary. For further information please contact People Direct. 11. Reference Requests 11.1 All reference requests for leavers should be forwarded to and completed by P&D (Shared Services). Requests for personal or character references should not be completed on official headed paper or returned by work other than by P&D (Shared Services). (Publication Scheme) 11

12 12. Roles and Responsibilities 12.1 Individuals Individuals are responsible for: discussing their intention to resign or retire with their Line Manager or an appropriate member of the management team; providing the relevant notice of their intention to resign or retire; contacting SPPA / LGPS to confirm pension entitlement where appropriate; completing the Resignation / Retirement Form online; requesting an extension to service where appropriate; submitting any outstanding requests and completing any necessary actions on SCoPE prior to termination of service; using their full entitlement to any outstanding leave and RRRDs prior to termination of service; returning uniform and equipment; including warrant, authorisation or proximity cards and participating in the exit interview / survey process if they wish Line Managers Line Managers are responsible for: ensuring that the individual is fully aware of the consequences of a resignation being accepted; ensuring that individual has provided the appropriate notice of their intention to resign or retire; advising the individual that they will be invited to attend an exit interview and confirming address for exit survey to be sent to; providing recommendations for extension of service requests; ensuring all necessary actions are completed on SCoPE prior to the individuals last day of service; ensuring that individuals use their full entitlement to leave and RRRDs prior to their last day of service; liaising with P&D Shared Services and ensuring SCoPE confirms individual s availability up to and including their last day of service; ensuring uniform and equipment are returned; and destroying warrant / authorisation cards. (Publication Scheme) 12

13 12.3 Area Commanders/Heads of Department (or a delegated representative) Area Commanders/Heads of Department are responsible for: ensuring that individual has provided the appropriate notice of their intention to resign or retire; scheduling an exit interview with individual; confirming resignation was submitted after due consideration; and forwarding any relevant information from exit interview onto P&D (Shared Services) People and Development People and Development are responsible for: administering and processing all relevant documentation associated with leavers; issuing the exit survey to individuals; and notifying relevant departments of leavers Chief Constable The Chief Constable is responsible for: considering whether an officer should be discharged during their period of probation; accepting resignations from officers; and considering appeals for extension of service. (Publication Scheme) 13

14 Appendix A List of Associated Legislation Relevant legislation relating to this SOP may be found at including but not limited to: Employment Equality (Age) Regulations 2006 Equality Act 2010 Home Office Circular 003/2003 Home Office Circular 003/2004 Police Pension Regulations 1987 Police Pension Regulations 2006 Police Pension Scheme (Scotland) Regulations 2015 Police (Conduct) (Scotland) Regulations 1996 Police Service of Scotland (Conduct) Regulations 2013 Police Service of Scotland (Conduct) Regulations 2014 Police Service of Scotland Regulations 2013 Police Service of Scotland (Performance) Regulations 2014 Rule of 85 (Publication Scheme) 14

15 Appendix B List of Associated Reference Documents Relevant policies are available on the intranet including: Ill Health Retirement Policy Resourcing Policy Relevant SOPs are available on the intranet including: Capability (Attendance & Performance) (Police Officer) SOP Capability (Attendance & Performance) (Authority / Police Staff) SOP Police Service of Scotland (Conduct) Regulations 2014 SOP Relevant guidance documents are available on the intranet including: Leavers Managers Guidance SCOPE Leavers Administration Checklist (Publication Scheme) 15

16 Appendix C List of Associated Forms Relevant forms are available on the intranet including: Extension of Service Request Form ( ) Resignation / Retirement Form Leavers Supervisory Checklist (Force Form ) (Publication Scheme) 16

17 Appendix D Contact Details for P&D Shared Services Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs Process Map Appendix E (Publication Scheme) 17

18 Process Map Resignation, Retirement and Other Leavers Individual Line Manager Area Commander/ Head of Department Shared Services Must provide at least minimum written notice of intention to resign or retire Must ensure that individual has provided at least minimum written notice of intention to resign or retire Must ensure individual has provided at least minimum written notice of intention to resign or retire Send notification of CRA to officer 12 months in advance Complete Resignation / Retirement Form online Attend exit interview with Area Commander/ Head of Department (voluntary) Ensure individual is aware of consequences of acceptance of resignation. Advise individual they will be invited to attend an exit interview and also sent an exit survey Schedule an exit interview with individual Confirm resignation was submitted after due consideration On receipt of Retirement / Resignation Form advise all relevant departments of resignations, retirements or other leavers relevant documentation to Finance Submit requests and complete any outstanding actions on SCoPE Ensure all outstanding requests and actions are completed on SCoPE Forward any relevant information onto P&D (shared Services) Issue exit survey Use full entitlement to annual leave and RRRDs prior to termination of service Ensure full entitlement to annual leave and RRRDs is used prior to individual s last day of service Issue Certificate of Service Complete exit survey (voluntary) Return uniform and equipment including warrant / authorisation card Liaise with P&D Shared Services and ensure individual s availability is updated on SCoPE Ensure uniform and equipment including warrant / authorisation card are returned (Publication Scheme) 18