FORCE PROCEDURES. Age Retirement Police Staff

Transcription

1 FORCE PROCEDURES Age Retirement Police Staff Procedure Reference Number: Procedure Author: Joanne Jones, HR Manager Procedure Review Date: June 2011 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date J Jones (Author(s)) 2009 update NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance...3 Notification...3 The Meeting...4 Outcome of the meeting...5 Further extensions Procedure Aim Appeals...6 Appeal meeting Review update NOT PROTECTIVELY MARKED 2

3 1. Responsibilities 1.1 A member of police staff can request to work beyond the default retirement age of 65. The member of police staff will have the opportunity to discuss the reasons for their request with the relevant HR Manager. The HR Manager in conjunction with the Area/Department Commander or Head and a senior HR Manager will make a decision as to whether to accept or reject the request. The member of police staff will be given full reasons for any rejection and will be able to appeal the decision to the Director of HR. 2. Guidance 2.1 The Employment Equality (Age) Regulations make it unlawful to discriminate on the grounds of age in employment. The regulations set a default retirement age of 65 (to be reviewed in 2011). The Force s retirement age for police staff is already 65, therefore the new default retirement age does not represent a change to the current arrangements. 2.2 The procedure should be read in conjunction with the Managers Guide which provides flow charts for the process, standard template letters and a HR checklist. Notification 2.3 Police staff will be notified in writing by HQ Personnel (copy sent to HQ/Area HR Manager) of their default retirement date and of their right to make a request to work beyond their default retirement age, at least six months but no more than 12 months, in advance of the default date. 2.4 If a member of police staff wishes to work beyond the default retirement age in their current role, they must request to do so between three and six months before the default retirement date. They should make their request on part A of the proforma (see Managers Guide) and their request should include whether they wish to: Continue to work indefinitely, For a stated period of time (maximum 1 year), or Or until a certain date (e.g. until 3 November) they should then submit the proforma to their line manager who will complete part B. 2.5 The line manager should complete part B of the proforma within 7 days of receipt of the request from the member of police staff. If supporting an extension beyond default retirement date, the line manager should compile a short business case addressing the following points: The specific skills and experience of the member of police staff and how retention of these will help to meet the operational requirements of the Force, The impact of retaining the member of police staff on the career development of other members of police staff, Any costs involved in retaining the member of police staff other than salary costs e.g. training costs, study costs etc., The attendance record of the member of police staff compared with the Force attendance criteria of working days, 2009 update NOT PROTECTIVELY MARKED 3

4 Whether the member of police staff portrays a positive image and does not have any outstanding or live disciplinary or conduct issues, The competency of the member of police staff to undertake the role they wish to be retained in, as detailed in their current PDR, and Whether the member of police staff is committed to further service. If the line manager does not support retention of the member of police staff then they should give their reasons on the business case proforma. The request and accompanying business case should be submitted to the Area/Department HR Manager. 2.6 The HR Manager should then check the following points: That the member of staff is not subject to unsatisfactory performance procedures, That the member of staff is fully fit for the role they are performing. If there is any doubt raised via medical history or attendance record, then the individual should be asked to complete a health questionnaire and this should be checked by the Force s occupational health providers against the role profile for the post, and That the member of staff portrays a positive image and does not have any live disciplinary sanctions on file which have not been disclosed via the business case (see Standards of Professional Behaviour). The Meeting 2.7 The relevant HR Manager will arrange to meet with the member of police staff and their line manager within 21 days of the date when the request was received by the line manager. The meeting provides an opportunity for the member of police staff to put their case before the HR Manager. 2.8 The meeting should still be held within the 21 day timescale, even if a health questionnaire has been forwarded to the Force s occupational health providers and a response is still outstanding. 2.9 Prior to the meeting, the HR Manager will discuss the request and business case with the Area/Department Commander or Head to gather initial views and determine what further information may be required from the meeting The member of police staff, line manager and HR Manager must take all reasonable steps to attend the meeting. Police staff will be reminded at the meeting that the Force will give full consideration to any request to work beyond the normal retirement age but that it is entitled to refuse a request If it is clear at the meeting that the request can not be agreed, then there is scope to explore a compromise solution, such as proposing alternative work patterns or an alternative retirement date The member of police staff can choose to be accompanied at the meeting by a companion who can either be a work colleague or Unison representative. The colleague can address the meeting, confer with the member of police staff during the meeting, but not answer questions on behalf of the member of police staff update NOT PROTECTIVELY MARKED 4

5 Outcome of the Meeting 2.13 Following the meeting, the HR Manager will discuss the request and any additional information obtained from the meeting with the Area/Department Commander or Head and prepares a report and recommendation for the Area Commander/Head of Department The member of police staff will be informed in writing by Area/HQ HR of the decision within 21 days from the date of meeting. The member of staff s employment continues until they have been informed of the decision regarding their request. Although the Force is not required under the procedures to give a reason for declining a request, it will provide the member of police staff with an explanation in line with good practice If the request is approved, the decision letter should detail the new retirement date If the request is declined, then the decision letter should confirm that the member of police staff will still be retired either on the original date or an alternative later date. The letter should also give clear reasons why the request was declined If the request has been agreed in part, and a compromise solution reached, then the decision letter should set out any new employment patterns and the new retirement date. It should also give clear reasons as to why the request was not agreed in its entirety. Further Extensions 2.18 The duty to consider procedure must be followed every time the member of police staff is nearing the default or agreed date of retirement i.e. the same request and consideration process must be repeated each time an individual nears an extended point for retirement Members of police staff contributing to the Local Government Pensions Scheme will qualify under the pension scheme regulations for a pension once they reach retirement age. The normal retirement age under the Local Government Pension Scheme is 65 and if the member of police staff retires at that age an unreduced pension can be taken based on years of membership of the scheme Scheme members can choose to retire at or after the age of 60 on a voluntary basis or on or between 50 and 59 but only with the Force consent. Pension benefits taken on this basis will be reduced to take into account early retirement Members of police staff can continue to contribute to the Local Government Pension Scheme if they continue to work with employers consent beyond update NOT PROTECTIVELY MARKED 5

6 3. Procedure Aim 3.1 The Procedure provides guidance for police staff on how to request to work beyond the default retirement age of 65. This is in accordance with the Employment Equality (Age) Regulations which came into effect on 1 October The aim of the procedure is to set out what actions both police staff and their managers need to take, within set timescales, to assist the process of either retirement or working beyond the default retirement age. 4. Appeals 4.1 The member of police staff has the right to appeal against the Force s decision within 10 days of receiving notification of the decision. 4.2 The appeal should be made to the Director of HR in writing, briefly giving the reasons for disputing the decision. 4.3 If a request has only been agreed in part, the member of police staff can still appeal against the decision to refuse part of the original request. 4.4 The appeal must be submitted before retirement, but the appeal can be considered after retirement has taken place. Appeal Meeting 4.5 An appeal meeting will be arranged within 21 days of receipt of the appeal. The member of police staff, line manager and HR manager will be expected to attend the meeting, and the appeal will be heard by the Director of HR. 4.6 The member of police staff can choose to be accompanied at the meeting by a companion who can either be a work colleague or Unison representative. The colleague can address the meeting, confer with the member of police staff during the meeting, but not answer questions on behalf of the member of police staff. 4.7 The outcome of the appeal should be notified in writing within 21 days of the meeting. The notification letter should confirm the retirement date and any changed employment circumstances. The reason for the decision does not need to be stated and the outcome of the appeal is final. 5. Review 5.1 This procedure will be reviewed every two years from the date of approval update NOT PROTECTIVELY MARKED 6

7 2009 update NOT PROTECTIVELY MARKED 7