Procedure 3: Service Breaks

Transcription

1 Document Type: Procedure Parent Policy: Document Owner: Director of Department: People Services Document Writer: Human Resources Effective Date: 20/08/2015 (Reviewed 19/07/2017) Last review Date: 20/08/2018 Introduction This procedure contains two forms of service break; that of a career break and that of preferential re-join. These procedures enable individuals to take a break away from their work with North Wales Police ( the Force ) and then towards the end of the service break be given an opportunity to be considered for a suitable available vacancy. This brings flexibility for the individual to develop or fulfil outside commitments and bring the benefits of their experiences to the Force when they return. It also enables the Force to retain good staff without losing their valuable skills and experience. This policy does not form part of an employee s contract of employment and may be amended at any time. For Police Officers, career breaks are governed by Annex OO of the Police Regulations THE CAREER BREAK A career break allows for an extended unpaid period away from the Force with a conditional guarantee that the individual will be allowed to return to work after a specified period. This allows an individual to take a break in their career to develop themselves or to fulfil outside commitments such as caring for family and other dependants. A career break may not always be the most appropriate way to meet an individual s needs and more appropriate alternatives may be suggested. 1.1 ELIGIBILITY CRITERIA All officers and staff are eligible to apply for a career break provided that they have two years service. Agency workers, consultants and self-employed contractors are not eligible to apply Applicants subject to an outstanding complaint or disciplinary process/misconduct proceedings will be assessed by the relevant Superintendent, the Head of People 107/2.0 Page 1 of 9

2 Services, a representative from PSD and a Federation Representative in order to make a recommendation as to whether they will be allowed to apply Each application will be considered on its merits. Post holders will, however, only be considered if they have maintained standards appropriate to their employment The reasons for requesting the break must fall broadly into one of the following categories: Educational: to complete a course of study in order to satisfy personal ambition/enhance knowledge. Note that Police Officers cannot request a career break to undertake full-time education without the agreement of a chief officer. If an officer is applying for this reason then a decision will be made during the application process. Domestic Care: to allow time out of the workplace to care for children or other dependent relatives. Medical: to allow time out of the workplace to adjust to a recently diagnosed disability, to undertake a long term course of treatment or to adjust following life changing surgery or medical treatment. Personal Development: opportunities that may be available through voluntary work, sporting activities, travel or other possibilities which may present themselves to individuals. 1.2 APPLICATION PROCESS More than one career break can be applied for during the course of employment/service with the Force but the combined lengths must not exceed 5 years. In exceptional circumstances, a chief officer may grant a longer period. There must be at least 12 months in between each career break Individuals wishing to take a career break will be required to apply to Human Resources through the SSF HR Team, at least three months prior to the requested starting date. The application form can be found below. Individuals should not commit themselves before the application has been approved and agreed in writing by the Force. Service Break Request Form The ACPO Lead Officer for will review applications for career breaks and either approve or refuse the application. Each application will be decided on its own merits at the absolute discretion of the ACPO Lead Officer. The decision will be notified to the applicant in writing within 28 days of receipt of the application including the reasons for the decision if the application is rejected The length of the career break and start date will be agreed between the applicant, Head of People Services and Service Area Lead following the decision, but should be of a minimum of six months. For periods of less than six months, the granting of special unpaid leave may be considered by the Service Area Lead. 107/2.0 Page 2 of 9

3 1.2.5 In exceptional circumstances, the ACPO Lead Officer for has the discretion to approve a career break of more than 5 years. 1.3 BACKFILLING DURING A CAREER BREAK Police Staff There may be occasions, particularly for career breaks of less than 12 months, where an agreement is made to temporarily backfill an individual s post whilst they are on career break. This would mean that they could return to the post they occupied prior to the career break If any agreement is made to temporarily backfill an individual s post, then this will be clearly set out in the Career Break Agreement (see below) and the individual should be advised before they accept the terms of the career break There may be occasions where an individual s role has been backfilled on a temporary basis but the substantive department undergoes a restructure whilst the member of staff is on career break. In these circumstances, the individual must be provided with the same information and consultation opportunities as if they had been present in that role at the time in accordance with the Redundancy Scheme in the Police Staff Conditions of Service If the individual s role is backfilled on a permanent basis when they commence their career break, they lose their right to return to the same role at the end of the career break. In such instances the Force will seek to re-deploy the individual as set out under section 1.7 below but redundancy will not apply. 1.4 BACKFILLING DURING A CAREER BREAK Police Officers There is no guarantee of return to the post occupied prior to undertaking the career break. Returning Officers may be posted to meet the needs of the organisation in line with the. 1.5 PRIOR TO A CAREER BREAK Individuals are not required to resign, but the period of the career break is unpaid On commencement of the career break the individual will be asked to sign a Career Break Agreement, which will apply for the duration of the career break. It will cover the obligations and expectations of the Force and the individual in relation to: Commencement and return dates Objectives of the Career Break Use of Police Powers (if applicable) The Code of Ethics Conditions of Service Changes of circumstances (address, marital status, etc.) Level of commitment, if any, from the Force to offer re-engagement on the individual s return 107/2.0 Page 3 of 9

4 The appropriateness and practical arrangements for any short term returns to the Force The application of the restrictions under Regulation 6 to 8 on private life and Regulation 10 on business interests, and similar restrictions described in Police Staff Conditions of Service Plans for refresher training or development programmes on return to work 1.6 DURING A CAREER BREAK Conditions for Police Officers Will retain their existing ranks and continue to be subject to Police Regulations and the Code of Ethics. Police Officers on a career break will have a protected entitlement to all pension benefits at the point of commencement of the break, including death benefits, enhanced ill health pensions and injury benefits. Police Officers who are entitled to Housing Allowance or Transitional Rent Allowance on commencement of the career break will have the entitlement protected, but not paid, for the duration of the break Conditions for Police Staff Will retain their existing rank/grade and have protection of the grade and pay point held before commencement of the break until they return to work. The contract of employment is suspended for the duration of the career break Police Officers & Staff The period of a career break for Police Officers & Police Staff will not count towards reckonable service for the purposes of calculating the entitlement of other key benefits, such as pensions, pay progression, sickness, holiday, maternity and redundancy payments. Individuals must be made aware that pension contributions and pay increments will be frozen until they return to work and this will have an impact on the length of service counted in relation to pension entitlements. Post holders should seek advice from the SSF regarding their pension, especially if they wish to consider a pension buy back option. All entitlements to benefits and allowances will cease on commencement of a career break. Whilst on a career break the individual will not be entitled to Occupational Sick Leave or Pay and will not accrue Annual Leave. 107/2.0 Page 4 of 9

5 For details on how National Insurance contributions will be affected post holders are advised to contact the local Department for Work and Pensions. Changes to Conditions of Service or Police Regulations apply to all individuals whether on a career break or not Restrictions The Force will not allow a career break for the purpose of taking up alternative employment or starting a personal business venture. During the career break the restrictions imposed on the private lives and business interests of Police Officers as described in Police Regulations still apply. It is acknowledged that officers and staff may wish to engage in other employment during the term of their career break for which they would need to seek approval via the SSF HR Team. The employment, however, must be as an aside to the main purpose of their career break. For example, part time work to help support them whilst at University. Unless required to attend court, officers will not normally be recalled to duty throughout the duration of the career break. In situations of emergency, officers must be prepared to return to duty at short notice and therefore will retain their uniform and warrant cards. Under these circumstances, officers will be recompensed according to rank/status at the start of the career break Contact The responsibility for maintaining contact during the break will rest as much with the individual as with the Force. Individuals must provide a point of contact for the duration of the break. All individuals must inform the Force of any changes in their circumstances, which may affect their employment on return to work, e.g. chronic medical conditions, disabilities, convictions. Individuals are expected to maintain professional links and to keep up to date with any changes to policy, personnel and developments in their area of work Reviews The career break objectives and timescale may be revised at any time during the career break by agreement between the individual and the Head of People Services. Police Officers and Police Staff are required to inform the Head of People Services of any circumstances which may affect the agreed objectives or timescale of a career break. Where the Head of People services has reasonable grounds for believing that the agreed objectives and timescale of a career break may no longer be achievable they may require the individual to attend a review meeting. 107/2.0 Page 5 of 9

6 As a result of the review the individual may be required to return to work after a minimum notice period of one month Maternity Provisions Individuals wishing to extend their maternity leave into a career break will be required to notify the Head of People Services in writing at least three months before the end of the maternity leave period. Subject to approval, normal conditions governing the career break scheme will apply Post holders who become pregnant while on a career break are entitled to the same maternity benefits as those not taking a career break. An individual on a career break who becomes pregnant should give notice as soon as reasonably practicable after she becomes pregnant of the probable date of birth of her child. The provisions of the maternity scheme will then take effect and the career break will be suspended (unless the post holder confirms that she does not wish the provisions of the maternity scheme to be applied to her). Resumption of the career break in due course should be subject to further agreement between the Head of People Services and the individual. 1.7 RETURNING FROM A CAREER BREAK A date of return will be agreed between the Head of People Services and the individual before the break commences. The individual will be required to confirm this date in writing three months prior to their return. If required, appointments for a medical and fitness assessments will be made Police Officers or Police Staff will not normally be required to return to duty from a career break before the agreed date unless there is a situation of emergency or they have consented to return At the end of their career break individuals have an opportunity to be considered for available postings with the needs of the organisation taking precedence, with the following conditions being applied: Police Staff Unless a guarantee of a return to a specific role was made prior to commencing the career break, there is no guarantee that Police Staff will return to the same post in the same location at the end of the career break. The Re-deployment Scheme in the Police Staff Conditions of Service will apply. They will be eligible to apply for any internal staff vacancies being advertised in the three months prior to the end of their career break and the three months following the end of their career break. Priority will be given to current staff in the redeployment pool before an opportunity is offered to those returning from career break. Any changes to the grade structure will be applied on return in the same way as for substantive Police Staff. 107/2.0 Page 6 of 9

7 If no suitable vacancy is found within the eligible period, the career break and contract of employment with North Wales Police will end. Individuals will be invited to a meeting to discuss this and the relevant procedure will be followed. If a staff member requests to return earlier than agreed from their career break, every effort will be made to find a suitable role for them as per the above paragraph Police Officers There can be no guarantee that Police Officers will return to the same post in the same location at the end of the career break but Police Regulations 2003 state that they will return on the same rank, hours and work pattern as before the start of the career break. If the force is at full establishment, Police Officers may be delayed in their return until a vacancy is available during which time the terms of the career break will continue. If an officer wishes to return to work earlier than stated, if there is a suitable vacancy with the same determined hours and work pattern available at the time the officer will return to work within one month of giving notice of the wish to return. If no suitable vacancy is immediately available then a return will be arranged within three months of the officer giving notice of their intention to return At the time of their return to work all post holders will be subject to a career break return to work interview, medical clearance and a general requirement that individuals must have maintained standards appropriate to employment/service with the North Wales Police. Those who have been on a career break will be required to submit a full vetting application please see the Vetting Procedure for details. If the role they return to requires Personal Safety Training then they will be required to complete a Fitness Test. 1.8 FOLLOWING RETURN TO WORK On return from the career break, the individual s new Line Manager will conduct an interview with the individual concerned to assess training and development needs. A training and development programme will be devised to accommodate the identified needs, which will assist the individual s re-introduction to the workplace. Mentors and other forms of guidance may also be used. A development plan should be introduced in the individual s PDR or equivalent. 107/2.0 Page 7 of 9

8 2. PREFERENTIAL RE-JOIN The Force acknowledges that individuals may wish to leave the Force to take up other jobs, especially with Police Forces abroad. The preferential re-join scheme allows for individuals to resign from the Force but, dependent on certain conditions, be allowed to re-join within a maximum of 5 years, at their previous grade/rank, or what is then the equivalent. Pensions and allowances will, however, be set at what they are at the time of re-join. The procedure for application is the same as that for career break (see Section 1.2 and 1.3). If individuals wish to re-join the Force, they will have an opportunity to be considered for available postings with the needs of the organisation taking precedence, with the following conditions being applied: 2.1 Re-joining: Police Officers Officers will be required to forward their application to the Head of People Services, at least three months in advance of their intended re-join Once Police Officers have provided three months notice of their intended re-join, they will have this three month period to be considered for vacancies at the rank they held prior to resigning from NWP, up to a maximum of three suitable vacancies Current Officers within the Force who are subject of redeployment will be given priority for available posts before they are offer to re-joiners If a suitable post is found, Officers will return to the rank and incremental point held prior to their break Before re-entry to North Wales Police, Police Officers will be required to satisfy the Force of their continued suitability to perform the role of a Police Officer. They will be required to undergo a medical examination by the Force Medical Officer to ensure that they remain physically fit to perform the duties of a Police Officer. They will also be required to complete a Fitness Test If no suitable post is found, the Officer will not be able to re-join under Preferential Rejoin. 2.2 Re-joining: Police Staff Police Staff will be required to forward their application to the Head of People Services, at least three months in advance of their intended re-join Once Police Staff have provided three months notice of their intended re-join, they will have this three month period to be considered for vacancies at the grade they were on prior to resigning from NWP up to a maximum of three suitable vacancies Priority will be given to current staff in the redeployment pool before an opportunity is offered to those re-joining. 107/2.0 Page 8 of 9

9 2.2.4 For certain roles before re-joining the individual will be required to undergo a medical examination by the Force Medical Officer to ensure that they remain physically fit to perform their duties and may also be required to complete a Fitness Test If no suitable post is found, the individual will not be able to re-join under Preferential Rejoin. 3. GRIEVANCES & APPEALS 3.1 Any individual who is unhappy with any action taken under this procedure should refer to the Equality, Diversity and Fairness Policy. 4. MONITORING This procedure will be ratified and subsequently monitored by the Strategic HR Board. 107/2.0 Page 9 of 9