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| Member Services Section |
Federation Link
Police
Pay And Conditions
9 May 2002
1 STATUS
1.1
This package has been negotiated by the Official and Staff Sides of the
Police Negotiating Board, having regard to the Home Secretary's Outcomes
Paper of 24 October 2001.
1.2 This agreement is subject to the proviso that sufficient new
money is available to all police authorities, including in Scotland and
Northern Ireland, to cover the net costs of this package.
1.3 It is recognised that certain items in these Heads of Agreement
(sections 4, 6, 7 and 8) also need to be referred to the relevant PABs.
The appropriate constituent parts of the Sides agree to
pursue these expeditiously within timetables to be agreed and to a successful
conclusion within these bodies, in accordance with the principles set
out in the relevant sections of this agreement.
1.4 This document is structured in accordance with the Home Secretary's
Outcomes Paper of 24 October 2001.
2
INCREASING THE REWARDS AVAILABLE TO EXPERIENCED PROFESSIONAL OFFICERS
2.1 Each member of the federated ranks will have access to a competence-related
threshold payment of £1,002 a year (pensionable) once they have served
for a year at the maximum of their pay scale, and subject to satisfying
the requirements of the scheme. It is anticipated that at least 75% of
those eligible will be successful in accessing the threshold payment.
2.2 The outlines of the threshold scheme are at APPENDIX A.
The Federated Ranks Committee will agree the details, including guidance
for forces, by 30 September 2002, with a view to the first payments being
made from 1 April 2003.
2.3 The pay scales for the federated ranks will be shortened
as in APPENDIX B, subject to a minimum increase of £402 per
point, with effect from 1 April 2003.
2.4 These pay scales will, as at present, be uprated on 1 September
annually in line with the agreed pay indexation arrangements.
3
ACHIEVING GREATER FLEXIBILITY AND TARGETED REWARDS IN THE PAY SYSTEM
3.1 A scheme for Special Priority Payments will operate
in each force, as at APPENDIX C. This scheme will be targeted on
front line/operational officers in particular.
3.2 Payments under this scheme to individuals will not be less
than £500 a year or more than £3,000 a year normally, although exceptionally,
payments of up to £5,000 a year may be made. They will be taxable but
not pensionable and will be paid as a single lump sum in December. For
those officers who qualify, the first payments will be made in December
2003 and then annually each December thereafter. The PNB expects that
no less than 20% of force strength will benefit from this scheme and no
more than 30%, save in exceptional circumstances. The payments will be
pro rata in the case of a postholder who has been in a qualifying post
for less than the calendar year.
3.3 In the first year at least an additional 1% of the force's
annual basic paybill for ranks below chief officers will be spent on this
scheme; in the second year at least 1½% and in the third year, and thereafter,
at least 2%. Funding will be provided centrally to meet these minimum
costs.
3.4 A separate scheme for bonus payments of between £50 and £500
per head to recognise occasional work of an outstandingly unpleasant,
demanding or important nature will be introduced from 1 April 2003, in
accordance with the provisions of APPENDIX D. These payments will be taxable
but not pensionable. Arrangements will be developed in local consultation
with the staff associations.
4
ALLOWING MORE FLEXIBLE DEPLOYMENT OF OFFICERS AND MORE FLEXIBLE WORKING
PATTERNS
4.1 The PNB agrees that the management of working time needs
to respect both the work/life balance needs of police officers and the
service's operational needs within the context of the Working Time Regulations.
4.2 The changes in the this agreement make possible better and
more flexible use of manpower in a number of ways, for example, annual
rostering arrangements. Additionally, the service can look towards improvements
from reducing bureaucracy, which often creates overtime commitments. Recognising
that the tactical and contingent uses of overtime are sometimes valuable
and necessary, there is still room to manage down the total figure against
overtime commitments having little tactical or operational value. The
increasing strength of the service in most of the United Kingdom also
provides a good opportunity for improvements in the management of working
time.
4.3 Accordingly, and in the light of all these considerations,
there will be a service-wide target of a 15% reduction in the overall
overtime bill over the three years starting 2003/4. The baseline will
be set following consultation with the Audit Commission*.
4.4 The service-wide target will be focused locally. Each police
authority and chief constable will set its own force target, in consultation
with the Inspectorate. Local targets will normally be at least 15% unless
the police authority and chief constable can show, to the satisfaction
of the Inspectorate, that they have taken effective action between 2000/01
and 2002/03 to reduce their overtime bill, in which case a target of 10%
would be the norm, save in exceptional circumstances such as where a substantial
reduction in the availability of operational resource means a lower target
than 10% should be set (as in 4.6 below). Each force and police authority
will set interim indicative targets in agreement with the Inspectorate.
Police authorities and chief constables will also consult the local staff
associations.
4.5 The increased strength of the police service will deliver increased
officer operational availability. The scheme for managing down overtime
will be complemented by the efficient and effective deployment of officers.
The Inspectorate will, therefore, also track increased officer operational
availability using the existing BVPI on measuring the percentage of police
officers in operational posts and by any refinements to that indicator
which more accurately reflect the availability of officers in serving
the public. Thus, the Inspectorate will monitor both the increased availability
of officers for frontline duties and the managing down of overtime.
4.6 The Inspectorate will monitor performance against interim targets,
taking into account force strength, unforeseen major incidents and new
requirements, as part of their regular reviews of forces' efficiency savings
. Forces will be able to score good performance against the targets as
part of their 2% efficiency savings.
4.7 From 2004/5, forces should be able to keep any savings achieved
through meeting the interim targets. Retention of the savings would be
dependent on achieving the improved visibility and availability as outlined
above, which will allow opportunities for increasing establishment or
other initiatives designed to generate greater visibility or availability.
This will be monitored by the Inspectorate.
4.8 Detailed guidance to forces will be produced by a PNB working
group by the end of October 2002. Guidance will also be issued to police
authorities in respect of their scrutiny role. The service-wide target
will be included in the national policing plan. Local targets will be
included in local policing plans.
4.9 From 1 April 2003 the present eight day threshold for triggering
the higher rate of compensation for working on a rostered rest day
will be reduced to five days. The current fifteen day trigger point will
not be changed.
4.10 The rules will be amended from 1 April 2003 so that the post-Sheehy
"disregard" of casual overtime of up to half an hour up to four
times a week applies to time-off as well as to paid overtime compensation.
4.11 Duty rosters covering at least 3 months will be drawn
up and published locally by force management, after full consultation
with the JBB. At the same time, PNB recognises that it is good practice
to plan annual leave up to a year in advance, in the interests of both
officers and managers.
4.12 The 16 hour a week minimum requirement for part-time working
will be removed as soon as practicable; as will the requirement for job
sharing in respect of middle and senior ranks.
4.13 The position of part time probationers will be given further
consideration.
5
RATIONALISING THE SYSTEM OF ALLOWANCES
5.1 The following allowances will be maintained:
· Rent, housing and replacement allowances
· London weighting and London allowance
· South East allowances
· Dog handlers' allowances
· Motor vehicle allowances
· Allowance in respect of medical charges arising from injuries incurred
on duty
· PSNI allowance. *
5.2 Plain clothes allowance will be halved from 1 April
2003 and discontinued from 1 April 2004.
5.3 Subsistence, refreshment and lodging allowances will be
discontinued from 1 April 2003. Instead officers will be reimbursed expenditure
incurred in the course of duty provided it is:
(a) necessary;
(b) reasonable;
(c) additional to what the officer would otherwise have incurred; and
(d) backed by a receipt.
5.4 Removal allowance will be discontinued from 1 April 2003.
Instead officers who are required to move will be reimbursed for associated
expenditure provided it is necessary, reasonable and backed by receipts.
5.5 Frozen undermanning allowances will be discontinued from 1 April
2003.
5.6 Firearms' users standby allowance and gratuity for fingerprinting
and searching badly decomposed bodies will be discontinued from 1 April
2003. The first of these allowances will be eligible for payment under
the Special Priority Payments scheme (see paragraph 3.1 - 3.3). Where
the gratuity would have been paid, a bonus payment (paragraph 3.4) may
be appropriate.
5.7 The recurring escort duty allowance will be discontinued
from 1 April 2003. Instead those posts receiving this allowance will continue
to be paid the same amount under Regulation 50 (and equivalent Regulations
in Scotland and Northern Ireland).
6
SIMPLIFYING THE SYSTEM OF REGULATIONS AND DETERMINATIONS
6.1 APPENDIX E lists:
(a) those Regulations which it is agreed should be retained;
(b) those Regulations which it is agreed should be deleted;
(c) those Regulations which it is agreed should become legally enforceable
Determinations by the Secretary of State, underpinned by sufficient safeguards
in and linked to a substantive Regulation.
6.2 A working party of the PNB will agree during 2002 on the details
of translating each existing regulation listed in Part (c) of Appendix
E into a legally enforceable determination by the Secretary of State and
an underpinning substantive regulation.
7
ENCOURAGING OFFICERS TO STAY ON BEYOND 30 YEARS
7.1 APPENDIX F outlines a scheme designed to encourage officers
to continue in service beyond 30 years, subject to the agreement of both
the individual and force management, in the context of a scheme authorised
by the police authority. The scheme's objectives are as follows:
· to help ease possible recruitment shortfalls and help police numbers
to rise to, and be sustained at, a higher level;
· to smooth out recruitment bulges and, by the same token, help to avoid
corresponding retirement bulges in future;
· to help retain much needed skills and experience in the service.
7.2 Subject to Treasury approval, and detailed agreement between
the Sides, the next step will be to set up a pilot scheme in at least
one force as soon as possible in order to identify likely take-up and
to establish the business case for rolling the scheme out across the UK
from April 2003 onwards.
8
IMPROVING THE MANAGEMENT OF ILL-HEALTH
8.1 The key objectives in the management of ill-health are:
· to ensure that personnel practices in forces and the pensions regulations
combine to ensure that fair and effective decisions are taken on poor
attendance and ill-health retirements;
· to ensure that, where possible, police officers are rehabilitated for
duty rather than retired on ill-health grounds;
· to ensure that there is greater consistency in decision making practice
between forces.
8.2 APPENDIX G sets out agreed principles to achieve these objectives.
A working party of the PNB will agree during 2002 detailed amendments
and additions to regulations and guidance that reflect these principles.
8.3 The PNB notes the possibility of the need to review injury
awards should the current government review of such awards in the public
sector make recommendations for change.
9
CONCLUSION
9.1 This package was agreed at the Police Negotiating Board on
9 May 2002, and is now submitted as a formal recommendation to the Home
Secretary, the Secretary of State for Northern Ireland, and to Scottish
Ministers.
APPENDICES
A THRESHOLD PAYMENT SCHEME
- For the federated
ranks, there will be an additional competence-related payment of £1,002
a year beyond the existing scale maxima. This will be uprated (in line
with the median of OME's survey of private sector non-manual total pay
settlements) from 1 September 2004 and annually thereafter. It will
be pensionable, taxable and paid monthly.
- Access to the
payments will depend on the individual demonstrating high professional
competence under each of the following broad headings:
· Professional competence and results
· Commitment to the job
· Relations with the public and colleagues
· Willingness to learn and adjust to new circumstances.
- The Federated
Ranks Committee will agree the details, including guidance for forces,
by 30 September 2002, with a view to the first payments being made from
1 April 2003.
B NEW PAY SCALES
- New pay scales
alongside existing scales are shown below (see paras 3-7). Effective
dates for assimilation are as shown in the tables below.
- The proposed scales
will be uprated in the September 2002 pay review in line with the median
of OME's survey of private sector non-manual total pay settlements and
annually thereafter.
- CONSTABLES'
PAY SCALE
Annual
salary with effect from
1 September 2001
£ |
With
effect from
1 April 2003
£
|
With effect
from
1 April 2004
£
|
With
effect from
1 April 2005
£ |
|
17,733
|
18,135
|
18,1351
|
18,135
|
|
19,842
|
20,244
|
20,244
|
20,244
|
|
21,015
|
21,417
|
21,417
|
21,417
|
|
21,570
|
21,972)
|
-
|
-
|
|
22,323
|
22,725)
|
22,725
|
22,725
|
|
23,037
|
23,439
|
23,439
|
23,439
|
|
23,787
|
24,189
|
24,189
|
24,189
|
|
24,477
|
24,879
|
24,879
|
24,879
|
|
25,095)
|
-
|
-
|
-
|
|
25,095)
|
25,497
|
25,497
|
25,497
|
|
25,911)
|
-
|
-
|
-
|
|
25,911)
|
26,313
|
26,313
|
26,313
|
|
26,862
|
27,264
|
27,264)
|
-
|
|
26,862
|
27,902
|
27,902)
|
27,902
|
|
28,062
|
28,464*
|
28,464*
|
28,464*
|
*Officers who have been on this point for a year will have access to the
competence related threshold payment of £1,002 a year.
4 SERGEANTS' PAY
SCALE
Annual
salary with
effect from 1 September 2001
£ |
With
effect from
1 April 2003
£ |
|
27,084)
|
-
|
|
28,062)
|
28,464
|
|
29,040
|
29,442
|
|
30,027
|
30,429
|
|
30,675
|
31,077
|
|
31,590
|
31,992*
|
*Officers who have
been on this point for a year will have access to the competence related
threshold payment of £1,002 a year.
5 INSPECTORS' PAY
SCALE
(London salaries in brackets)
Annual
salary with effefct from
1 September 2001 |
With
effect from
1 April 2003 |
|
35,034
(36,636) )
|
-
|
|
36,066
(37,665) )
|
36,468
(38,067)
|
|
37,095
(38,694)
|
37,497
(39,096)
|
|
38,124
(39,729)
|
38,526
(40,131)
|
|
39,153
(40,761)
|
39,555*
(41,163)*
|
*Officers who have
been on this point for a year will have access to the competence related
threshold payment of £1,002 a year.
6 CHIEF INSPECTORS'
PAY SCALE
(London salaries in brackets)
Annual salary
with effect from
1 September 2001
£ |
With
effect from 1 April 2003
£ |
|
39,153
(40,761) )
|
-
|
|
39,960
(41,571) )
|
40,362
(41,973)
|
|
40,773
(42,378)
|
41,175*
(42,780)*
|
*Officers who have
been on this point for a year will have access to the competence related
threshold payment of £1,002 a year.
7 CHIEF INSPECTORS
IN POST AT 31 AUGUST 1994
(London salaries in brackets)
Annual
salary with effect from
1 September 2001
£
|
With
effect from
1 April 2003
£ |
|
42,309
(43,911)
|
42,711*
(44,313)*
|
*Officers on this
point will have access to the competence related threshold payment of
£1,002 a year.
C SPECIAL PRIORITY
PAYMENTS
- Police authorities
and chief constables will agree, in consultation with the appropriate
staff associations, a local scheme of payments in line with the criteria
below and having regard to any guidance from the Home Secretary, Scottish
or Northern Ireland Ministers, as appropriate.
- In the first year
at least an additional 1% of the force's annual basic paybill for ranks
below chief officers will be spent on this scheme; in the second year
at least 1½% and in the third year, and thereafter, at least 2%. Funding
will be provided centrally to meet these minimum costs.
- Posts may qualify
for payment where they:
· Carry a significantly higher responsibility level than the norm for
the rank; or
· Present particular difficulties in recruitment and retention; or
· Have specially demanding working conditions or working environments.
This scheme will be targeted on front line/operational officers in particular.
- To qualify for
payment, officers must demonstrate that they are fully competent in
and highly committed to their duties and responsibilities. The PNB expects
that no less than 20% of force strength will benefit from this scheme
and no more than 30%, save in exceptional circumstances.
- Payments will
be made annually on a one-off basis and should be no less than £500
and no more than £3,000 normally, although exceptionally, payments of
up to £5,000 may be made. They will be taxable and non-pensionable.
- Police authorities
will receive regular reports on the operation of this scheme and its
impact on various parts of their force.
D BONUS PAYMENTS
- Chief constables
may award bonuses of between £50 and £500 per head for occasional
work of an outstandingly demanding, unpleasant or important nature,
eg hostage negotiation, or fingerprinting and searching badly decomposed
bodies. These payments will be taxable but not pensionable.
- Police authorities
will determine a local policy with their chief officer following consultation
with the staff associations. Police authorities should be given reports
at least annually on the operation of the scheme.
E REGULATIONS AND
DETERMINATIONS
References here are to the Police Regulations for England and Wales. Equivalent
provisions in Scotland and Northern Ireland will be amended accordingly.
(a) Regulations which it is agreed should be retained
| 1-4 |
Citation
and commencement; references to transfers; references to provisions
of these regulations'; meanings assigned to certain expressions, etc. |
| 6 |
Ranks |
| 9 |
Restrictions
on the private life of members |
| 10-11 |
Business
interests |
| 12 |
Qualifications
for appointment to a police force |
| 15 |
Discharge
of probationer |
| 17-19 |
Personal
records |
| 20 |
Fingerprints |
| 33 |
Meetings
of Police Federation Treated as Police Duty |
| 42-45 |
Reckoning
of Previous Service |
| 47 |
Deductions
from Pay of Social Security Benefits and Statutory Sick Pay |
| 51 |
Restriction
on Payments for Private Employment of the Police |
| 62 |
Continuance
of allowances when member ill |
| 63 |
Alloance
in respect of periods of suspension |
| 65A |
Replacement
allowance |
| 70 |
Revocations
and savings |
(b) Regulations
which it is agreed should be deleted
| 8 |
Beats,
sections, sub-divisions and divisions |
| 23 |
Work
not required to be performed |
| 53 |
Plain
clothes allowances (see para 5.2) |
| 61 |
Allowance
for recurring escort duty etc (see para 5.7t) |
| 65 |
Frozen
"undermanning" allowances (see para 5.5) |
| 71 |
Temporary
provision about deputy chief constable |
| Schedule
11 |
Issue
of uniform and equipment |
(c) Regulations
which it is agreed should become legally enforceable Determinations by
the Secretary of State,
underpinned by sufficient safeguards in and linked to a substantive Regulation
(see para 6.2) *
|
7
|
Part-time
appointments |
|
13,13A,13B
|
Appointment
of Chief Constable; fixed term appointments for certain ranks; requirement
to advertise vacancies in certain ranks. |
|
14
|
Probationary
service in the rank of constable. |
|
16
|
Retirement. |
|
21
|
Duty
to carry out lawful orders. |
|
22
|
Limitations
on duties to be assigned to members statutorily transferred. |
|
24-32
|
Working
Time. |
|
34-37
|
Leave,
including maternity and paternity. |
|
38
|
University
scholars. |
|
39
|
Rate of Pay. |
|
40,40A
|
Temporary
salary and temporary promotion. |
|
41,41A
|
London
weighting. |
|
46,46A
|
Sick
pay/maternity pay. |
|
48
|
Calculation
of monthly, weekly and daily pay (to be incorporated in 39) |
|
49
|
Pay
Day (to be incorporated in 39) |
|
50
|
Restriction
on payment of allowances. |
|
52,54,55
56,57,59
|
Reimbursement
of expenses incurred in the course of duty: removal allowance; dete3ctive
expenses allowance; subsistence, refereshment and lodging allowances;
advances to cover expenses when away on duty; motor vehicle allowances;
allowance in respect of medical charges. |
|
58
|
Dog
handlers' allowance |
|
60,
60A
|
London
allowance, South East allowance |
|
64
|
University
scholars |
|
66-69
|
Uniform
and Equipment |
* The "sufficient
safeguards" will be such as to secure that matters covered by a Determination
will have the same status before the courts as if they had been made in
a substantive Regulation.
Any change is not intended to alter the existing legal status of the employment
relationship of police officers. In making determinations within the PNB
jurisdiction the Secretary of State will take into account any recommendation
made by PNB. In making determinations within the PABEW jurisdiction, the
Secretary of State will consult the PABEW on a draft of the determination
and take into consideration any representation made by PABEW.
NB Schedules linked to Regulations which are kept will also be kept unless
otherwise provided above. Any Schedules linked to deleted Regulations
will be deleted, and those linked to Regulations becoming Determinations
will be incorporated into those Determinations.
F 30 YEARS PLUS
SCHEME
Proposed scheme
Scope
- The scheme will
be open to ranks below ACPO level where a business case can be made
for it.
Reappointment not
automatic.
2. Each officer who wishes to participate will have to apply for selection.
3. Selection will be subject to participants being in satisfactory health.
4. Appointments will be for a term of up to four years, subject to annual
renewal dependent on continued effectiveness. In some cases the appointment
could be followed by another of up to three years, again subject to annual
renewal.
Status on reappointment
5. Participants will no longer be entitled to a replacement allowance.
(When levels of rent and housing allowances were frozen in September 1994,
they were worth, for the federated ranks, from £2,332 pa in Dyfed-Powys
to £5,863 pa in the Met.)
6. Participants will, however, be able to re-enter the force at their
former rank, if selected for that rank. Tax-free lump sum
7. Participants will be able to retire with a tax-free lump sum before
appointment to the posts they had applied for. Partial lifting of pension
abatement
8. Participants will be eligible to have their pension partially abated.
They will be able to receive sufficient pension to restore their earnings
to their pre-retirement level - i.e. including replacement allowance.
Eligibility for
special priority post bonus
9. Depending on the post for which they are selected, participants will
be eligible for a non-pensionable lump-sum special retention payment at
the end of each extra year worked. The payment will be not less than £500
or more than £3,000 normally, although exceptionally payments of up to
£5,000 may be made, and will be in line with the proposed extra responsibility
payment for which officers in general will be eligible.
Pension position
10. Participants will not be eligible to re-join the Police Pension Scheme
either to resume accrual of rights to their current pension or to accrue
rights to a second pension. They will be able to take out a personal pension
with a view to receiving additional benefits.
11. Although not members of the Police Pension Scheme, participants will
be entitled to injury awards, including awards for death as a result of
an injury on duty, as if they had at least 30 years' service.
12. The force will bear the cost of insurance for the payment of the equivalent
of a lump-sum death in service grant to the spouse or estate of a participant
in the event of death during the currency of his or her appointment. In
such a circumstance survivor benefits will become payable as if the officer
had died in retirement.
Inland Revenue
and Treasury position
13. The Inland Revenue has confirmed in writing the pension position as
stated above. Their letter has been circulated to both Sides. The Treasury
is sympathetic to the abatement proposals but will need further details
before approving it.
Next steps
14. If agreed by the
PNB in principle and approved by the Treasury, the next step will be to
set up a pilot scheme in at least one force as soon as possible.
G IMPROVING THE
MANAGEMENT OF ILL-HEALTH
Criteria for ill-health retirement
1. The police service should not lose the skills and experience of officers
who are still able to make a valuable contribution. Officers should not
therefore have to retire on medical grounds unless it is necessary.
2. An assumption that there may be an entitlement to an ill-health pension
because an officer is unable to carry out full operational duties can
create an unhealthy climate of expectation. There should accordingly be
clarity about the criteria for medical retirement and about where responsibility
lies for final decisions on medical retirement.
3. To this end, the PNB will issue joint guidance during 2002:
(a) Reinforcing the fact that it is senior management and the police authority
and not medical advisers who ultimately decide on medical retirements;
(b) Advising on the interpretation and application of "ordinary duties"
with a view to ensuring wherever possible the retention of officers in
service where they are still capable of undertaking sufficient duties
to justify continuing employment;
(c) Clarifying that "permanent disablement" should be interpreted as meaning
that the officer will not be able to work again as a police officer before
the compulsory retirement age for the officer concerned, on the assumption
that normal medical treatment for the officer's condition is applied in
the meantime;
(d) To advise on the questions that should be put to selected medical
practitioners (SMP);
(e) To advise that the two circumstances (in addition to those in 3(b)
above) where discretion not to proceed with a medical retirement is most
likely to be used are:
· where an officer who qualifies for medical retirement wishes to remain
in service and the force wishes to retain him or her;
· where an officer faces disciplinary proceedings and medical retirement
is set aside so that those proceedings can continue in all but the most
exceptional cases.
4. In addition, the Police Pensions Regulations will be amended:
· to remove the distinction between the duties of male and female officers;
· to include a definition of "infirmity" as a disease or medical condition,
including a psychiatric disease or condition;
· to add a new proviso to Regulation A20 to require police authorities
in making their determinations to give due consideration to all the circumstances
and advice and information available to them.
Unacceptable attendance
5. The Sides agree to discuss poor attendance management through the Police
Advisory Boards during 2002, taking cognisance of ACAS Guidance, tailored
to the requirements of the Police Service; and to come to an arrangement
through amendments to Police Efficiency Regulations where the aim is to
secure improvement in attendance, with sanctions (including the possibility
of dismissal) where that fails. The arrangement will include an appropriate
appeals mechanism. Strategies for effective management of medical retirement
6. Police authorities will develop in consultation with staff associations
strategies for the effective management of medical retirement that set
out the roles and responsibilities of both the force and authority and
that place sickness management, occupational health provision and medical
retirement in the wider context of effective career management and operational
effectiveness.
7. The strategy should also set out the duties and responsibilities of
the force medical adviser (FMA) and the support that management will give
to the FMA.
Sick pay within
a strategy for managing sickness absence
8. It is recognised that (subject to amendment of Police Regulation 46)
the Police Regulations already provide adequate powers for chief officers
to exercise discretion over the question of paid sick leave in the interests
of supporting or encouraging rehabilitation. Use should be made of this
discretion in appropriate cases.
9. Police Regulation 46 (and equivalent Regulations in Scotland and Northern
Ireland) will be amended to provide the cumulative method of calculating
sickness absence over the previous year when determining whether an officer
is due to come off paid sick leave. The PNB will consider guidance in
relation to situations where it would be reasonable for chief constables
to exercise their discretion favourably to resume/maintain paid sick leave.
Consideration of early retirement on medical grounds
10. Priority should always be given to an appropriate programme of rehabilitation
rather than premature consideration of medical retirement. However, where
medical retirement does have to be considered, the system should be both
fair and transparent. The PNB will consider how best to provide greater
clarity as to the sequence of events in the management of medical retirement
cases and the roles of the police authority, FMA and SMP. This will include
the stage at which cases are referred to the SMP for determination and
whether or not there are circumstances in which it is justified to request
the SMP to reconsider their determination.
The role of the
selected medical practitioner
11. The duties of the SMP will not normally be carried out by the FMA
but by somebody removed from the day to day care of officers. In exceptional
circumstances there should be a board of three doctors appointed by the
police authority rather than a single SMP.
12. SMPs will be provided with, and work to, appropriate medical guidelines
drawn up by the Home Office after consultation with both Sides of the
PNB.
13. It is recognised that police authorities may wish to collaborate on
a regional basis to develop a suitable list of SMPs.
Appeals
14. A fair and transparent system of medical retirement needs to be underpinned
by a robust appeals system. The Police Pensions Regulations will therefore
be amended so that medical referees appointed by the Home Office are replaced
by boards drawn from panels of medical practitioners (similar to the arrangements
now in place in the fire service). The appellant may be required to bear
the costs in the case of a vexatious or frivolous appeal.
15. The Police Pensions Regulations will be amended to provide for further
measures to improve procedures and limit appeals to cases where there
are genuine differences of opinion:
· in addition to the current provisions for giving notice of intention
to appeal, for which there will now be a 28 day limit, there will be a
requirement for the appellant to give a written statement of grounds for
appeal within a further 28 days. These limits may be extended at the discretion
of the police authority.
· The police authority and the appellant will have the opportunity
to agree to an internal review of the SMP's decision in the light of the
officer's grounds of appeal, without prejudice to the formal right of
appeal.
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