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Following the implementation of the Alliance People Portfolio, a revised timeline for the review of HR policies has been agreed. This policy will therefore be reviewed in line with the new timeline and not the date specified within this document. Please note: Where legislative change has occurred, or is scheduled to occur, ahead of the revised review date, Dorset policy and associated procedures will be applied in line with prevailing legislation. Reference No. P31:2013 Implementation date 13 August 2013 Version Number 1.10 Policy/Procedure Government Security Classification Handling Instructions POLICY OFFICIAL Suitable for Public Publication PROCEDURE OFFICIAL Suitable for Public Publication Linked documents Reference No: Name. Police Regulations College of Policing Flexible Working Guidance P14:2010 Management of Overtime for Constables and Sergeants Policy P13:2011 Management of Working Time for Inspectors and Chief Inspectors Policy P15:2002 Maternity, Paternity and Adoption Policy for Police Officers P19:2002 Maternity, Paternity and Adoption Policy for Police Staff Flexible Working Policy and Procedure
Transcript
Page 1: Flexible Working Policy and Procedure - Home | Dorset Police · 2020. 2. 3. · P19:2002 Maternity, Paternity and Adoption Policy for Police Staff Flexible Working Policy and Procedure

Following the implementation of the Alliance People Portfolio, a revised timeline for the review of HR policies has been agreed. This policy will therefore be reviewed in line with the new timeline and not the date specified within this document. Please note: Where legislative change has occurred, or is scheduled to occur, ahead of the revised review date, Dorset policy and associated procedures will be applied in line with prevailing legislation.

Reference No.

P31:2013

Implementation date 13 August 2013

Version Number 1.10

Policy/Procedure Government Security Classification

Handling Instructions

POLICY OFFICIAL Suitable for Public Publication

PROCEDURE OFFICIAL Suitable for Public Publication

Linked documents

Reference No: Name.

Police Regulations

College of Policing Flexible Working Guidance

P14:2010 Management of Overtime for Constables and Sergeants Policy

P13:2011 Management of Working Time for Inspectors and Chief Inspectors Policy

P15:2002 Maternity, Paternity and Adoption Policy for Police Officers

P19:2002 Maternity, Paternity and Adoption Policy for Police Staff

Flexible Working Policy and

Procedure

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P19:2004 Religious Needs of Staff Policy

P22:2004 Health and Safety Policy

PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON SHAREPOINT IN THE FORCE DOCUMENT LIBRARY

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Table of Contents

1 Policy Section ....................................................................................................................... 1

1.1 Statement of Intent – Aim and Rationale ......................................................................... 1

1.2 Police Mission .................................................................................................................. 1

1.3 People, Confidence and Equality ..................................................................................... 1

2 Standards .............................................................................................................................. 2

2.1 Legal Basis ...................................................................................................................... 2

2.2 Equality Impact Assessment ............................................................................................ 2

2.3 Monitoring / Feedback ..................................................................................................... 2

3 Procedure Section ................................................................................................................ 4

3.1 General Principles ......................................................................................................... 4

3.2 Examples of Flexible Working ...................................................................................... 5

3.3 Police Officers ................................................................................................................ 6

3.4 Police Staff ................................................................................................................... 10

3.5 Rejecting a request ...................................................................................................... 13

3.6 Short-term requests ..................................................................................................... 14

3.8 Annual Review .............................................................................................................. 14

3.9 Organisational Change ................................................................................................ 15

3.10 Moving Roles ............................................................................................................... 15

3.13 Application Procedure for Police Officers ................................................................. 16

3.15 Application Procedure for Police Staff ...................................................................... 20

4 Consultation and Authorisation ........................................................................................ 24

4.1 Consultation ................................................................................................................... 24

4.2 Authorisation of this Version .......................................................................................... 24

5 Version Control ................................................................................................................... 24

5.1 Review ........................................................................................................................... 24

5.2 Version History .............................................................................................................. 24

5.3 Related Forms ............................................................................................................... 25

5.4 Document History .......................................................................................................... 25

Guidance for Managers .......................................................................................................... 38

Guidance for Officers and Staff ............................................................................................. 40

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1 Policy Section

1.1 Statement of Intent – Aim and Rationale Dorset Police is committed to providing flexibility to meet operational commitments and providing opportunities for all officers and staff to achieve balance between work and other commitments. Dorset Police recognises that flexible working patterns can help to retain officers and staff with valuable experience and skills. Dorset Police seeks to operate flexible working arrangements that allow officers and staff to continue their careers as well as ensuring operational resilience on a 24/7 basis. The current organisational context demands a policy that seeks to achieve an appropriate balance reflecting the needs of the organisation and its officers and staff whilst ensuring an efficient and effective police service. Dorset Police promotes equality and diversity in its workforce and is determined to ensure that no employee receives less favourable treatment on the grounds of any protected characteristic. Decisions in relation to flexible working will only be made on non-discriminatory and justifiable organisational / operational reasons which eliminate the potential for police officers and police staff applying for flexible working to be treated unfavourably or be discriminated against. The aim of this policy is to ensure that a consistent process for dealing with, considering and where appropriate processing flexible working requests from both police officers and police staff is in place.

1.2 Police Mission Our Mission for policing is: To make communities safer by upholding the law fairly and firmly; preventing crime and antisocial behaviour; keeping the peace; protecting and reassuring communities; investigating crime and bringing offenders to justice. This mission is set nationally and adopted locally by Dorset Police. Code of Ethics The Code of Ethics underpins every day policy, procedures, decisions and actions in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the nine Policing Principles and the ten Standards of Professional Behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, projects, plans or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, projects, plans or guidance.

1.3 People, Confidence and Equality

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Throughout history policing has been most effective when the community and the police work together, helping each other to reduce crime and fear of crime. Our priorities have been based on today’s risks and from what our communities have told us are areas of concern.

This document seeks to achieve the priority of increasing the public satisfaction in the delivery of policing in Dorset. This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Consultation and engagement has identified a common need and expectation for communities in Dorset to be:-

Listened to

Have their needs understood

Have their expectations met where possible

Be kept informed

2 Standards

2.1 Legal Basis

Police Regulations and Determinations 2003 permit all police officers to work reduced hours (less than 40 hours per week) and to work flexible arrangements. From June 30 2014 The Employment Act 1996 gives all police staff the statutory right to request flexible working, a right that previous only applied to parents of children under 17 or 18 in the case of parents of disabled children or to those caring for an adult. The new legislation states that this right to request applies to those who are eligible with 26 weeks service, however Dorset Police will not apply this element enabling any employee to make the request at any point in their service, the legislation allows for this application. The Equality Act 2010 applies to all individuals and exists to determine that no one receives less favourable treatment on the grounds of any protected characteristic.

2.2 Equality Impact Assessment

During the creation of this document, this business area is subject to an Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation.

2.3 Monitoring / Feedback

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The application of this policy will be monitored for number of requests made along with numbers rejected and/or approved in order to identify any adverse trends / issues. There will be regular dip-checking of applications at each level to ensure that a consistent approach to applying this policy is in place. Monitoring will also take place in relation to annual review processes. The use of this policy will be recorded through existing HR processes. Feedback relating to this policy can be made in writing or by e-mail to Address: Strategic People, Confidence and Equality Manager, Corporate Development, Police Headquarters, Winfrith, Dorchester, Dorset. DT2 8DZ E-mail: [email protected] Telephone: 01305 223746

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3 Procedure Section

3.1 General Principles

The provisions of this policy apply to both police officers and police staff and distinctions are made where appropriate, however the aim is to ensure that a consistent and fair process exists for all staff when making requests for flexible working. The Employment Act 1996 does not apply to police officers although the principles outlined in the statutory rights will be applied when considering requests for flexible working from police officers (see 2.1), in particular in relation to rejection of a request (see 3.5). Regulations allow all police officers to make a request for flexible working and from the 30 June 2014 the Employment Act 1996 allows all police staff to make requests (a practice long in place in Dorset) therefore all Dorset Police staff, officers and staff, are able to make requests under this policy as Dorset Police recognises that there are many reasons why individuals may wish to work on a flexible basis other than childcare or caring responsibilities. However nothing contained within this policy will detract from the provisions of the rights contained within the Employment Act 1996 and, as such, the process for considering requests set out within this procedure complies fully with the statutory framework. Dorset Police recognises that many religions/cultures have particular holy/Sabbath days in the calendar which require individual observance. The Religious Needs of Staff Policy P19:2004 should be used in the first instance to accommodate any such requests. If a member of staff feels that this is not appropriate then requests should be made under this policy and reference to the Religious Needs of Staff Policy will be made. Requests from both male and female officers and staff will be considered on the same basis. Each request will be considered on its own merits and will be considered seriously having equal regard for the individual concerned, service delivery / operational requirements and the impact of the proposed change on the individual’s immediate colleagues. Again nothing in this policy will detract from the provisions of the rights contained within the Employment Act 1996 and Flexible Working Regulations. Dorset Police will endeavour, wherever possible to only reject an application where there are clear, legitimate and justified business reasons for doing so (see 3.5). Line managers who are consulted as part of the process of applying for flexible working should not deter anyone from making an application. For ease of reading this document is split into police officer and police staff specifics where appropriate. Flexible working can be beneficial to Dorset Police as it can contribute to:

a) the retention of valuable officers and staff b) a wider diversity of recruits attracted to and retained by Dorset Police c) reduced recruitment and training costs d) increased ability to meet operational demands e) reduced sickness absence f) improved morale and commitment

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There is no ‘one size fits all’ pattern therefore a range of working patterns are likely to be required.

3.2 Examples of Flexible Working

In order to understand the procedure for making a request for flexible working officers and staff must be aware of the variety of arrangements that can be classified as flexible working. The following are examples but the list is not exhaustive and officers and staff are encouraged to consider other options when making a request. 3.2.1 Part-time working

This is where an individual’s average weekly working hours are fewer than those of a comparable full-time member of staff. This can be achieved through job share (see 3.2.4). 3.2.2 Working fewer or different shifts

This may involve working compressed hours where the same total of hours per week are worked but over a shorter period e.g. an individual may work full-time hours but over less days. This type of arrangement could involve an individual working different shifts or days. For example an individual may work over a weekend to enable them to have two days off in the week. NB where such an arrangement is agreed an individual would not receive additional overtime payments or other enhancements over and above their normal entitlements.

3.2.3 Working alternate weeks

This arrangement is usually worked as part of a job share arrangement (see 3.2.4) but this is not essential.

3.2.4 Job sharing

This involves typically two individuals sharing one full time post. The post does not necessarily have to be split 50:50, it can be divided in a number of ways and therefore could be divided between a number of individuals. The main difference from traditional part-time working is that with job sharing the duties are usually shared and as such the working arrangement sometimes includes a period of handover. There is the potential to amalgamate hours in order to create a job sharing position thereby potentially enabling more than two individuals to occupy the role and therefore cover a wider range of hours / shifts. A database has been developed and is held by the Promotions and Postings Inspector, Organisational Development which can offer support in terms of identifying potential police officer job share partners. In relation to police staff once a job-sharer resigns or moves from the post the Force can either seek to recruit a replacement for the remaining part of the post or to arrange, that the post is considered to revert to full-time (subject to Chief Constable approval) and that the existing job-share employee is considered to carry out the duties on a full-time basis (if he/she so wishes). A review of whether there is an operational need for the remainder of the post will take place before the above options are considered and alongside any management of change processes. 3.2.5 Annualised hours

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This works on the basis of agreeing a fixed number of hours over the year then calculating hours on a monthly basis. This can benefit the Force as it allows managers to make better use of resources during peak times and cover for annual leave.

3.2.6 Term time working

This involves individuals working during school term time and either not working or working reduced hours during the school holidays. Individuals requesting term-time arrangements should recognise that this particular flexible working option has an impact across the organisation in relation to the absorption of work by colleagues and the ability of other colleagues with school aged children to take leave during the school holidays. Any term time working arrangement will be reviewed regularly to assess the necessity as children progress through their school career and once the children are post school age.

3.2.7 Working from home

This does not have to be on a full-time basis as it may suit individuals to divide their time between home and the workplace. Employers are required by law to undertake a risk assessment of the activities undertaken by homeworkers, identifying any particular hazards and deciding whether enough steps have been taken to prevent harm of the member of staff or anyone else who could be affected by their work. (Please refer to the Health and Safety Policy P22:2004). Some police officer and police staff roles may not be suitable for home working. Any homeworking arrangement should be reviewed regularly from an efficiency and effectiveness perspective as well as with consideration of what facilities the organisation will be required to supply. 3.2.8 Staggered hours Normal hours with a number of starting and ending times.

3.3 Police Officers

3.3.1 General Information Police officers are able to request a change in their working pattern at any time and there is no limit to the number of times a police officer may request flexible working. With the exception of student officers, within reason, there is no minimum number of hours which a part-time officer must work. There is no requirement for an officer to reduce hours from full-time to work flexibly. Variable working hours can be beneficial to the organisation as it lends itself to demand led-cover, shifts should be organised around peaks and troughs. Student officers may apply to work part-time or flexibly under the terms in paragraph 3.3.17. The majority of police officer posts should be considered on a part-time or flexible basis providing that the pattern requested meets operational demands.

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Part-time or flexible working police officers cannot refuse to work shifts, including lates, late lates and night shifts. However Dorset Police does recognise that in some circumstances working these shifts may cause greater difficulty for some officers who might not be able to get childcare at night. Each case will be considered individually taking into account the officers personal circumstances and the organisational needs. If a post requires officers to work lates, late lates or nights then the number of shifts that a part-time officer should work should be calculated on a pro-rata basis. Some part-time officers may prefer to work these shifts, if such an arrangement suits both the organisation and the individual then an appropriate work pattern may be agreed. 3.3.2 Recruitment

The police service should consider applications from people who want to work part-time otherwise it will be limiting the field of potential applicants and potentially missing out on people with the appropriate skills and qualifications. There is also the risk of deterring female applicants and could leave Dorset Police vulnerable to claims of indirect discrimination.

Where possible any advertisements for recruitment should make clear there is the opportunity, albeit limited during the probationary period (see 3.3.17), to work part-time.

3.3.3 Pay

The annual salary of officers of any rank working part-time or jobshare should be the same as a comparable full-time officer calculated on a pro-rata basis. A part-time officer is entitled to annual increments paid on a pro-rata basis.

3.3.4 Additional Hours Worked by Part-time Officers

Part-time officers will only qualify for overtime rates when the hours he or she has worked are in excess of the normal full time hours worked by a comparable full time officer. Where a part-time officer works over eight hours for their scheduled days, but under 40 hours per week the additional hours will only attract plain time rates and not overtime rates. More information can be found within the Management of Overtime Time for Constables and Sergeants Policy P14:2010 in the Force Document Library. Part-time Inspecting ranks are entitled to claim overtime (at flat rate) for the differential between their contracted hours and the additional hours worked, up to 40 hours per week. More information can be found within the Management of Working Time for Inspectors and Chief Inspectors Policy P13:2011 in the Force Document Library. 3.3.5 Public Holidays

With the new Winsor provision officers will be provided with a Public Holiday Entitlement, if the Public Holiday falls on a rest day then the officers will receive the pro-rata number of hours to use at a later date. Part-time officers will receive a pro rata credit of time in lieu for the number of public holidays in the given year, which will be recorded on the personnel system. Further detailed guidance relating the recording and management of this entitlement can be referred to on SharePoint.

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Officers should consult with their Duties Officer and Line Manager at the beginning of the year. This is to establish whether their rostered pattern for public holidays that fall in the year will result in a credit of time in lieu to be taken at a later date or a deficit which can be met by utilising annual leave, time on card or by working additional hours.

For provisions relating to inspectors and chief inspectors working public holidays see Regulation 30. Further detail can be obtained from the Management of Working Time for Inspectors and Chief Inspectors Policy P13:2011. 3.3.6 Pensions Part-time officers are entitled to the same access to benefits under the Police Pension Scheme as full-time officers, but the benefit received will be pro-rata. Pension contributions are made on all hours worked, agreed hours and any additional hours worked, up to 40 in a week. 3.3.7 Allowances

Allowances should be paid on a pro-rata basis unless an exception is justified on objective grounds. Allowances where an officer is reimbursed for expenses incurred should be paid in full to officers working on a part-time basis. Please refer to the revised provisions for the payment of removal and motor vehicle allowance as set out in the PNB Circular 98/12. A part-time officer who prior to commencing part-time duties was provided with accommodation should continue to reside in such accommodation. Housing allowance and transitional rent allowance where applicable should be paid pro-rata. 3.3.8 Maternity Leave / Parental Leave

A part-time officer will be entitled to the same maternity provisions as a full-time officer. An officer will be eligible for occupational maternity leave if she meets the criteria set out in Regulation 46A(a)(a) on the same basis as a full-time officer. An officer who meets the criteria should receive paid leave for 18 weeks paid on a pro-rata basis. (Please refer to the Police Officer Maternity Policy for the specific detail on the pay related elements of this) Entitlement to statutory maternity benefits will depend on the officer’s eligibility and the date the officer commences occupational maternity leave. Please see the Maternity, Paternity and Adoption leave policies P15:2002 for police officers for further details (located in the Force Library). Part-time officers are also entitled to receive the minimum statutory parental leave, as would a full-time officer i.e. this is not a pro-rata entitlement.

3.3.9 Annual Leave

The entitlement to annual leave is based on the number of years’ service as it is for full-time officers. Annual leave for part-time officers is calculated and recorded on a pro-rata basis.

3.3.10 Sickness Absence

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For pay purposes sickness absence is counted in ‘real’ time. Therefore if a part-time officer is off for more than six months the individual will normally go onto half pay (half of the usual hours worked) and no pay after 12 months as would a full-time officer, unless the Chief Constable applies their powers under Regulation 46(3).

3.3.11 Learning and Development

Access to training is essential for all officers. Part-time or flexible working officers might find it difficult to access training and Dorset Police recognises that part-time or flexible working officers may find it difficult to attend training, particularly residential courses, if they do not coincide with their work pattern. Where such difficulties become apparent and the part-time or flexible officer has fully explored any options / support that they may have access to, consideration will be given to altering the time and location of the training in order that it is accessible for part-time of flexible working officers. Part-time or flexible working officers should not miss out on training simply because of their working status. In cases where training cannot be tailored to suit these officers and other options are not possible then sufficient notice should be given to allow officers to make appropriate arrangements. Part-time officers should be paid for any extra hours they work when attending training courses or alternatively take time off in lieu.

3.3.12 Appraisals

Appraisals for part-time officers should take place as frequently as for full-time officers. Appraisals and interim discussions should take place in ‘real’ time and should not depend upon the number of hours worked. In some cases it may be more important to have regular interim discussions with part-time or flexible working officers who, in exceptional circumstances, may miss out on regular contact with their line manager. Part-time or flexible working officers should have the same opportunity to develop their skills or gain experience as their full-time colleagues.

3.3.13 Specialist Posts

Specialist posts should, wherever possible, be accessible for part-time and flexible workers and as such any applications to these posts should be considered on merit and the current working pattern of the officer should not be included in any decision making process. If a department consider that a specialist post is not suitable for part-time or flexible working then this should be discussed with the Strategic People, Confidence and Equality Manager to ensure that their view is proportionate and legitimate and can be justified in law should any challenge be received. When a specialist post is advertised good practice would be to include a statement in the advert which encourages part-time or flexible workers to apply.

3.3.14 Tenure

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Where a post is subject to tenure ‘real’ time should be applied. Therefore, if the tenure of the post is five years that will be the tenure for any part-time officer and not pro-rata based on actual hours worked. 3.3.15 Relevant Week

This provision applies to officers below the rank of Chief Inspector. For most part-time officers the relevant week will be a period of seven days commencing on a Monday. There may be circumstances however where a different starting point must be determined if an officer’s shift pattern would necessitate overtime payment if the relevant week was to commence on a Monday. The proposed shift pattern will be reviewed by the Finance Department before final approval and officers will be notified of the relevant week. Where a relevant week cannot be achieved the officer will be placed on an annualised hours arrangement or issued with an overtime waiver document to complete to ensure that they are aware of their entitlements in relation to overtime claims. 3.3.16 Increasing hours or Returning to Full-Time

An officer who wishes to increase their hours or return to full time hours will not have an automatic right to increase their hours or return to full-time hours in the part-time post they occupy. If the officer is in a job-share situation then the job-share partner will continue in the post, part-time and every effort will be made by Dorset Police to find another partner. The officer requesting to increase their hours or return to full-time may have to move to another post if there is nothing suitable in the existing section / unit. A police officer who reduces their hours can return to full-time working within four months of beginning their reduced hours, however this may not be in the post that they occupy on the reduced hours. A return to full time hours could take place within two months where there is a suitable vacancy.

3.3.17 Student Officers

Student officers may apply to work part-time, however the following conditions must be met:

g) initial training, street duties training and continuation training must be completed on a full-time basis

h) a minimum average of 24 hours a week (1248 hours per year) must be worked i) the probationary period will be a minimum of two years and will be extended on a

pro-rata basis to match the reduction in average hours per week j) part-time student officers will not be exempt from working shifts, including nights k) part-time student officers should work a shift pattern consistent with a named

supervisor to ensure continuity of supervision l) applications from student officers will be processed under the procedures outlined in

this document

3.4 Police Staff

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3.4.1 General Information

Dorset Police recognises that there is a range of working patterns undertaken by police staff. Some roles are 24/7 and some are other shift patterns. The process for requesting flexible working is the same for all police staff and police officers regardless of role in the organisation. Unless otherwise requested or agreed an approved request for flexible working for police staff will be a permanent change to contract and therefore the individual concerned will have no right to revert back to their previous working pattern. Police staff and managers are therefore able to consider requests on a short-term basis (see 3.6) or on a trial basis before a permanent change is implemented (see 3.7).

3.4.2 Recruitment

The majority of police staff roles should be able to be considered to accommodate flexible or part-time working.

If a department considers that a particular role is not suitable for part-time or flexible working then this should be discussed with the Strategic People, Confidence and Equality Manager to ensure that their view is proportionate and legitimate and can be justified in law should any challenge be received. Where a police staff role is advertised on a full-time basis a part-time or flexible working member of staff should not be put off from applying. If successful the individual will then be able to make a request to undertake the role on a part-time or flexible basis under the procedures contained within this document. 3.4.3 Pay

Where an individual works part-time the pay will be calculated on a pro-rata basis within the grade of the role. Part-time and flexible workers are entitled to annual increments.

3.4.4 Additional hours worked

Part-time staff will qualify for overtime rates when the hours they have worked are in excess of the normal full time hours worked by a comparable full time member of staff i.e. 37 hours. Additional hours worked below this figure will be paid at plain time rate only. NB Hours worked on a Saturday, Sunday or Public Holiday attract an enhancement.

3.4.5 Public holidays

Police staff are entitled to paid leave on each public holiday and entitlements are worked out at the beginning of each annual leave year by the Human Resources Department and this applies to all police staff including those who have flexible working arrangements. Public holiday entitlements will of course be on a pro-rata basis. 3.4.6 Pensions

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If you a member of police staff works part-time, the contribution rate will be based on the whole time pay rate for the role, although contributions will only be paid on the pay that is actually earned. If a member of police staff works term-time only, the contribution rate will be based on the full-time equivalent term-time pay, although contributions will only be paid on the pay that is actually earned.

3.4.7 Allowances

The allowances set out in the Police Staff Council Handbook paragraphs 7-13 apply to part-time staff and are calculated on a pro-rata basis.

3.4.8 Maternity Leave / Parental Leave

A part-time member of police staff is entitled to the same maternity provisions as a full- time member of staff. Please see the Maternity leave, Paternity and Adoption related policies for police staff P19:2002 for further details located in the Force Library. Part-time members of police staff are also entitled to receive the minimum statutory parental leave, as would a full-time member of police staff i.e. this is not a pro-rata entitlement.

3.4.9 Annual Leave

The entitlement to annual leave is based on the number of years’ service as it is for full-time members of police staff. Annual leave for part-time police staff is calculated and recorded on a pro-rata basis.

3.4.10 Sickness Absence

For pay purposes sickness absence is counted in ‘real’ time. Therefore if a part-time member of police staff is off for more than six months (after 5 years’ service) the individual will normally go onto half pay (half of the usual hours worked) and no pay after a further 6 months as would a full-time member of police staff. 3.4.11 Learning and Development

Access to training is essential for all staff. Part-time or flexible working staff might find it difficult to access training and Dorset Police recognises that part-time or flexible working staff may find it difficult to attend training, particularly residential courses, if they do not coincide with their work pattern. Where such difficulties become apparent and the part-time or flexible working member of staff has fully explored any options / support that they may have access to, consideration will be given to altering the time and location of the training in order that it is accessible for part-time or flexible working staff. Part-time or flexible working staff should not miss out on training simply because of their working status. In cases where training cannot be tailored to suit these individuals and other options are not possible then sufficient notice should be given to allow them to make appropriate arrangements. Part-time members of staff should be paid for any extra hours they work when attending training courses or alternatively take time off in lieu.

3.4.12 Appraisals

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Appraisals for part-time and flexible working staff should take place as frequently as for full-time staff. Appraisals and interim discussions should take place in ‘real’ time and should not depend upon the number of hours worked. In some cases it may be more important to have regular interim discussions with part-time or flexible working staff who, in exceptional circumstances, may miss out on regular contact with their line manager. Part-time or flexible working staff should have the same opportunity to develop their skills or gain experience as their full-time colleagues.

3.4.13 Returning to full-time

As detailed in 3.4.1 any permanently agreed pattern means that a member of police staff has no right to revert to full time hours. Police staff are able to request a return to full time hours however agreement to this will be dependent upon organisational needs. Police staff have the right to apply for any advertised roles.

3.5 Rejecting a request

The procedure for rejecting a request is set out in the relevant application procedures for police officers and police staff, however it is important to note that a request from any member of staff should be carefully considered based on individual and organisational needs. The Employment Act 1996 determines the reason(s) for not approving a request should be based on one or a combination of the following reasons which are classified as ‘justifiable’ in the Act:

a) inability to reorganise work with available staffing b) extra costs incurred c) detrimental effect on service to public d) inability to recruit additional staff e) detrimental impact on performance f) detrimental impact on quality g) insufficiency of work during the periods the individual proposes to work h) planned structural changes

Whilst the Employment Act 1996 does not specifically apply to police officers Dorset Police has made a decision that the above reasons can be applied to both police officers and police staff in the interests of ensuring good practice and a fair and consistent approach. A refusal of a request based on a ‘quota’ on the number of officers or staff who work part-time or flexibly could constitute unlawful direct discrimination it is recognised however that there needs to be a priority focus on operational requirements and demand profiles in order to maintain service delivery to the public.

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3.6 Short-term requests

Any request for flexible working can be considered on a short-term basis for a period of up to 6 months. These requests can be used during times of transition or where the request is required only to cover a short-term period e.g. absence of childcare on a short-term basis, however this cannot be used on a regular basis e.g. to cover school holidays.

3.7 Trial Periods A trial period of flexible working can be agreed where there are some concerns about the viability of the working pattern proposed or as to the possible effect on service delivery and/or the individual’s colleagues or the individual. An objective assessment can then be made as to the viability of the arrangement at which all relevant parties can contribute. The trial period should be for a reasonable amount of time but should not exceed 6 months.

3.8 Annual Review

Any flexible working arrangement that has been approved under this policy or the previous Part-time Working for Police Officers Policy or Flexible Working Policy, should be reviewed on a regular basis and at least annually to ensure that it is meeting the needs of the organisation and individual alike and to ensure that when circumstances change appropriate action is taken. Any review should be held face-to-face with the police officer or police staff member and both parties should be afforded the opportunity to raise issues, concerns or benefits that are a result of the working pattern. A form has been produced to enable this process to be completed and a true record obtained of the review to be retained on the individual’s personal file. This form can be found at Appendix J. As a result of review there may be a requirement to renegotiate flexible working patterns based on changes in organisational demand, individual circumstances or as a result of identifying the current pattern as ineffective. Where a pattern is identified as ineffective either for the organisation or for the individual this should be dealt with at that point and should not wait for annual review. It is the responsibility of the line manager to ensure that an annual review is diarised, should there be any changeover / absence of line managers this should form part of any handover process. An independent audit process of reviews will be implemented. This independent audit process consists of monitoring and reporting of numbers of flexible and part-time workers by the Strategic People, Confidence and Equality Manager. Built into this will be a process for the Strategic People, Confidence and Equality Manager to instigate / remind managers of the annual review requirement.

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3.9 Organisational Change

During times of organisational change the organisation should review existing flexible working patterns to ensure that the pattern will continue to meet the organisations changing needs and to ensure that the individuals needs are being taken into account during an impactive change. This could take the form of a review of all existing working patterns when a division / department / team are undergoing fundamental organisational change or as a result of One Team. If a review is instigated then the principles of this policy should apply to ensure a fair and consistent approach. With the forthcoming changes under the Winsor Review police officers are reminded that the Force is able to change and enforce a shift pattern and should this be the case a review of existing flexible and part-time patterns will be instigated. Any decision to undertake a review should include consultation with the Strategic People, Confidence and Equality Manager to ensure an assessment of impact is undertaken and to ensure fairness and consistency across the organisation. In some circumstances where a substantial review is being undertaken it is recommended that a panel is formed to consider the whole review process. Senior managers should contact the Strategic People, Confidence and Equality Manager to discuss and take forward.

3.10 Moving Roles

When moving roles, either through application or direct posting, it will be necessary to submit a new request to continue / request a flexible working pattern as there is the likelihood that a move between departments will result in a change of demand profile and therefore any request will be considered alongside the appropriate demand profile.

3.11 Joint applications Where there are partners / joint carers / applicants both working in the organisation it is often the case that flexible working requests are submitted individually. The organisation should consider these together in order that the needs of the organisation and the individuals are balanced. The application form offers the opportunity to indicate whether an application is linked to another application and it will be the responsibility of the Inspectors or equivalent police staff managers to liaise and discuss any potential implications, solutions etc before giving their in principle view.

3.12 No role/post identified, no manager – police officers

In some cases, for example with officers returning from Extended Leave Break or maternity leave (where organisational change or a request has been made that results in the officer not returning to their substantive role) there may be no identified role / post and therefore no manager. In these

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cases the flexible working request should be completed in accordance with this policy and submitted to the Promotions and Postings Inspector, Organisational Development (OD) who will manage such cases. A role / post will be identified by liaison with the HR Business Support Team at the earliest opportunity and the flexible working process followed in accordance with this policy. Where no role / post is identified the flexible working request should be completed and submitted to the Promotions and Postings Inspector, OD who will bring this to the attention of the regular postings meeting where identification of a suitable role will be carried out. As per the police officer process outlined in this document there is no guarantee that a vacant or a suitable role will be available and therefore the Head of OD will make a best offer to the officer.

3.13 Application Procedure for Police Officers

3.13.1 A minimum of two months’ notice must be given in order to allow sufficient time for consideration and, if necessary, to make the appropriate arrangements. However it should be noted that whilst the Force will endeavour to turn around all requests within this timescale, agreements may take up to 14 weeks to be fully implemented and

officers must be aware of this prior to submitting an application. 3.13.2 It is imperative that the stated timescales within this policy are adhered to in order to

not inconvenience either party. Family compatible duties should be considered for those returning from Maternity, Additional Paternity or Adoption leave should the process not be concluded prior to the officer’s return. Please see the maternity, paternity and adoption leave policies for police officers P15:2002 for further details located in the Force Library.

3.13.3 Should the Force be at fault in delaying an application outside the above timescales then temporary arrangements should be put in place to allow the process to continue. It is imperative that timescales are adhered to as closely as possible however and that delays only occur in exceptional circumstances. If temporary arrangements are put in place the temporary nature of such must be made clear and should not exceed a period of three months. 3.1.3.4 The officer should discuss their wish to alter their work pattern with their line manager in the first instance. This will help identify any potential implications the change may have as well as possible alternative solutions at an early stage. Line managers should not deter any person from making an application. Support should be provided by line-management to those absent from the workplace, for example on maternity or sick leave. 3.13.5 The request should be submitted formally on the Flexible Working Application Form

(Appendix A) ensuring all sections have been fully completed to their relevant Inspector (or equivalent).

3.13.6 The Inspector will provide an initial view in principle only. The Inspector may either to choose to support the application in principle (with or without negotiation) or not support the application in principle (following negotiation). This in principle view

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should be fully detailed in the relevant section of the application form. Guidance on considering the application can be found at Appendix H. 3.13.7 Where a request requires further discussion or is not supported in principle the Inspector or their nominated representative should arrange a meeting to discuss the request with the officer. This meeting should take place within 28 days of receipt of the request and should take place at a mutually convenient time and place 3.13.8 This meeting will provide the opportunity to explore the proposed work pattern in depth and discuss how it might be accommodated. The officer has the right to be accompanied to the meeting by their Federation representative or another colleague employed by Dorset Police. The companion can address the meeting and confer with the officer but is not able to answer questions on the officer’s behalf. 3.13.9 If it is not possible to hold a meeting within 28 days of the date of application then the Inspector should seek the agreement of the requesting officer to extend the period. 3.13.10 As outlined in both the guidance for officers and managers (Appendix H and I) both

parties should be prepared to be flexible in seeking a successful solution that balances the organisational and individual needs and provides the most appropriate solution.

3.13.11 Once the request has been approved or otherwise in principle it must be forwarded to

the relevant Chief Inspector (or equivalent rank for Inspector level and above) for formal consideration. The Chief Inspector must consider the request and complete the relevant section within the application form, with full rationale as to whether they support or otherwise the application and stating any conditions that are required as part of any approval i.e. review period.

3.13.12 The Chief Inspector should forward the completed document to the Strategic People,

Confidence and Equality Manager, Corporate Development. The Strategic People, Confidence and Equality Manager will co-ordinate the administrative checks required by Finance, Personnel Services and Duties and consult with relevant experts within the Force as necessary to ensure that a fair and consistent approach is taken to all requests and that the operational perspective is considered at all stages. The Strategic People, Confidence and Equality Manager will also make contact with the relevant Superintendent to ensure that the total resource management implications are considered. The Strategic People, Confidence and Equality Manager will then able to put forward any alternative options that can be recommended for the parties to consider and this may raise the need for a further meeting to discuss any recommendations made. The recommendations and views should be made available to all relevant parties and may require further negotiation with the requesting officer. Only once this full process has been completed should the final decision be made and approval or otherwise notified to the individual member of staff.

3.13.13 When a request is approved.

3.13.13.1 If the request is approved (with or without further negotiation) the Strategic People,

Confidence and Equality Manager will ensure that all areas of the application have been completed and will HR Personnel Support Team via the mailbox .part time police officer for processing and onward notification to the Duties Management Team (as appropriate). All involved parties will be copied in to enable the Chief Inspector (or

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nominated representative to the requesting officer formally advising them of the outcome. A template letter is attached at Appendix C.

3.13.14 When a request cannot be accommodated.

3.13.14.1 If the request is not approved (following full negotiation) the Strategic People,

Confidence and Equality Manager will return the fully completed form to the Chief Inspector (or equivalent rank for Inspector level and above) write to the requesting officer advising them of the outcome and signposting the appeals process. A template letter is attached at Appendix D. The Chief Inspector should also ensure that the HR Personnel Support Team is forwarded the unapproved form via .part time police officer for retention on the officers personal file.

3.13.14.2 It is not a legal right to work part-time and/or flexibly and the officer should be prepared

that refusal may be an outcome; however there must be sound business reasons for refusing such a request.

3.14 Appeals Process for police officers 3.14.1 All officers have the right to appeal against a decision not to allow all or part of their

request to the Head of Personnel Services once the full application process has been completed. The appeal should be submitted in writing to the Head of Personnel Services within 14 days of receipt of the decision.

3.14.2 Officers wishing to appeal should fully complete the Flexible Working Appeal Form

(Appendix B) setting out the grounds on which the appeal is made. 3.14.3 The Head of Personnel Services or a manager appointed by them to undertake the

review of the appeal, will acknowledge receipt of the appeal and arrange a meeting with the officer or member of staff within 14 days of receiving the appeal to consider the issues.

3.14.4 The officer or member of staff has the right to be accompanied by their Federation

representative or another colleague employed by Dorset Police. 3.14.5 The Head of Personnel Services or the appointed manager will inform the officer of the

outcome of the appeal in writing within 14 days of the date of the meeting. Template letters can be found at Appendix E (Upheld) and G (Refused).

3.14.6 If the appeal is upheld the written decision will include:

a) a description of the agreed working pattern b) the date from which the new working pattern is to take effect

3.14.7 If the appeal is refused the written decision will include:

a) the grounds for the refusal b) an explanation as to why the grounds for refusal apply in the circumstances

3.14.8 Due to the unique nature of the police service and Police Regulations a further process

will be considered.

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c) confirmation that the Force will now look to identify any vacant posts which could potentially be undertaken on the proposed pattern or similar

3.14.9 Where an appeal is refused in relation to an officer’s current role the Force will explore

the existence of any suitable alternative roles across the organisation that could be considered in line with the officers requested working pattern if the officer wishes. It must be remembered that removing the officer entirely may have an even bigger impact on the resourcing and so immediate posting elsewhere should also be considered on whether this is in the best interests of the organisation.

3.14.10 In the first instance the HR BST will be notified by the Head of Personnel Services that

the appeal has been refused this will then instigate the HR BST in conjunction with Organisational Development (ref: skills etc) to support the consideration of any vacant posts across the same command area in the first instance and then Forcewide if necessary..

3.14.11 If no post is identified in the same command area, potential posts across the Force which

could be undertaken on the proposed pattern or a similar pattern, will be considered by the HR BST in consultation with the members of the monthly Force Posting meeting, Each post would need to be considered individually and training requirements assessed accordingly. There is no guarantee that the officer will be posted to a preferred vacant post or that a suitable vacant post will be available.

3.14.12 The HR BST will be responsible for updating the Inspector (or equivalent for higher

ranking officer requests) on any potential posts and the outcomes of any proposals. 3.14.13 Where no vacant post is identified consideration should be given to the redeployment of

the officer to an occupied post of the same rank. The HR BST will forward the relevant documentation to the Promotions and Postings Inspector, Organisational Development (OD).

3.14.14 The Postings and Promotions Inspector, OD will manage the five-step process of

redeployment: STEP ONE - The Promotions and Postings Inspector, OD will meet with the officer to

identify specific requirements, preferred roles, flexibility and to assess current skills / knowledge and any potential gaps.

STEP TWO - The Promotions and Postings Inspector, OD will assess this information

and liaise with the HR BST and will present to the monthly Postings meeting to enable the members to identify which, if any, currently occupied role could be considered for the officer.

Following identification of a suitable alternative post. STEP THREE – The Postings meeting will advise the relevant Command Team of the

potential posting and the Command Team in conjunction with the Promotions and Postings Inspector, OD will notify the existing postholder of the move or in some circumstances identify the pool of officers to be considered for movement. Decisions on the officer to be posted will be based on the following criteria taken from the principles outlined in the One Team Police Officer Selection / De-selection Procedure:

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Professional and Personal Portfolio (PPP)

Performance (UPP) Attendance Record Disciplinary Record Line manager assessment Any tenure agreement Officers own needs in relation to flexible working

Any selection/de-selection should only take place following consultation and expressions of interest from those officers affected who may wish to volunteer to move roles. The Command Team and the Promotions and Postings Inspector will jointly undertake this assessment for all officers involved in the ‘pool’ and identify the officer to be moved. STEP FOUR – A representative of the Command Team will meet the officer selected for posting to make the vacancy and discuss the move. Once posted, any appeal should be made under the Postings Procedure.

STEP FIVE: The HR BST will process the moves as per normal procedures.

3.14.15 No available role in the wider Force - ‘best offer’ 3.14.15.1 If the above options are unsuccessful in securing an alternative posting or the individual

refuses any postings offered to them as part of the above process, the Head of OD will formally post the individual to the best option the Force have available to offer at that time, and this will take immediate effect.

3.14.15.2 The officer will be permitted to appeal their posting in the normal way utilising the

separate posting appeals procedure, however this would not apply should the best option available be that they remain in their substantive post.

3.14.15.3 There will be no further right of appeal following completion of all above processes. 3.14.15.4 Officers are reminded that the application of this policy and procedure relates to the

‘right to request’ flexible working and that completion of the above processes ensure that the Force has taken all reasonable measures to accommodate the request but that in some circumstances the outcome may be fully justified refusal. Where all necessary legal and policy considerations have been made officers are reminded that not fulfilling their hours of work will result in the instigation of disciplinary procedures.

3.15 Application Procedure for Police Staff

3.15.1 A minimum of two months’ notice must be given in order to allow sufficient time for

consideration of the request. However, it should be noted that whilst Dorset Police will endeavour to meet these timescales some agreements may take up to 14 weeks to be fully considered, decided and implemented where appropriate.

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3.15.2 The member of staff wishing to request flexible working should discuss their request

with their line manager in the first instance. This will help to identify any potential implications the proposed change may have as well as helping to identify any possible

solutions. Line managers should not deter any person from making an application. Support should be provided by line-management to those absent from the workplace, for example on maternity or sick leave.

3.15.3 The request should be submitted formally on the Flexible Working Application Form

(Appendix A) ensuring all sections have been fully completed to their relevant Inspector or police staff equivalent.

3.15.4 The Inspector or police staff equivalent will provide an initial view in principle only. They

may either to choose to support the application in principle (with or without negotiation) or not support the application in principle (following negotiation). This in principle view should be fully detailed in the relevant section of the application form. Guidance on considering the application can be found at Appendix H.

3.15.5 Where a request requires further discussion or is not supported in principle the Inspector

or police staff equivalent or their nominated representative should arrange a meeting to discuss the request with the member of staff. This meeting should take place within 28 days of receipt of the request and should take place at a mutually convenient time and place

3.15.6 This meeting will provide the opportunity to explore the proposed work pattern in depth

and discuss how it might be accommodated. The member of staff has the right to be accompanied to the meeting by their UNISON representative or another colleague employed by Dorset Police. The companion can address the meeting and confer with the member of staff but is not able to answer questions on the officer’s behalf.

3.15.7 If it is not possible to hold a meeting within 28 days of the date of application then the

Inspector or police staff equivalent should seek the agreement of the requesting member of staff to extend the period.

3.15.8 As outlined in both the guidance for staff and managers both parties should be prepared

to be flexible in seeking a successful solution that balances the organisational and individual needs and provides benefit to everyone. (Please refer to Appendix H and I).

3.15.9 Once the request has been approved or otherwise in principle it must be forwarded to the

relevant Chief Inspector or equivalent police staff Senior Manager for formal consideration. The Chief Inspector or equivalent police staff Senior Manager must consider the request and complete the relevant section within the application form, with full rationale as to whether they support or otherwise the application and stating any conditions that are required as part of any approval i.e. review period.

3.15.10 The Chief Inspector should forward the completed document to the Strategic People, Confidence and Equality Manager, Corporate Development. The Strategic People, Confidence and Equality Manager will co-ordinate the administrative checks required by Finance, Personnel Services and Duties and consult with relevant experts within the Force as necessary to ensure that a fair and consistent approach is taken to all requests and that the operational perspective is considered at all stages. The Strategic People, Confidence and Equality Manager will also make contact with the relevant

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Superintendent / police staff equivalent to ensure that the total resource management implications are considered. The Strategic People, Confidence and Equality Manager will then able to put forward any alternative options that can be recommended for the parties to consider and this may raise the need for a further meeting to discuss any recommendations made. The recommendations and views should be made available to all relevant parties and may require further negotiation with the requesting officer. Only once this full process has been completed should the final decision be made and approval or otherwise notified to the individual member of staff.

3.15.11 When a request is approved. 3.15.11.1 If the request is approved (with or without further negotiation) the Strategic People,

Confidence and Equality Manager will ensure that all areas of the application have been completed and will HR Personnel Support Team via the mailbox .part time police officer for processing and onward notification to the Duties Management Team (as appropriate). All involved parties will be copied in to enable the Chief Inspector (or nominated representative to the requesting officer formally advising them of the outcome. A template letter is attached at Appendix C.

3.15.12 When a request cannot be accommodated.

3.15.12.1 If the request is not approved (following full negotiation) the Strategic People,

Confidence and Equality Manager will return the fully completed form to the Chief Inspector / police staff Senior Manager write to the requesting officer advising them of the outcome and signposting the appeals process. A template letter is attached at Appendix D. The Chief Inspector should also ensure that the HR Personnel Support Team are forwarded the unapproved form via .staff contracts for retention on the individuals personal file.

3.15.12.3 It is not a legal right to work part-time and/or flexibly and the member of staff should be

prepared that refusal may be an outcome; however there must be sound business reasons for refusing such a request.

3.16 Appeals process for police staff 3.16.1 All members of staff have the right to appeal against a decision not to allow all or part of

their request to the Head of Personnel Services once the full application process has been completed. The appeal should be submitted in writing to the Head of Personnel Services within 14 days of receipt of the decision.

3.16.2 Staff wishing to appeal should fully complete the Flexible Working Appeal Form

(Appendix B) setting out the grounds on which the appeal is made. 3.16.3 The Head of Personnel Services or a manager appointed by them to undertake the

review of the appeal, will acknowledge receipt of the appeal and arrange a meeting with the officer or member of staff within 14 days of receiving the appeal to consider the issues.

3.16.4 The member of staff has the right to be accompanied by their UNISON representative

or another colleague employed by Dorset Police.

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3.16.5 The Head of Personnel Services or the appointed manager will inform the officer or member of staff of the outcome of the appeal in writing within 14 days of the date of the meeting. Template letters can be found at Appendix E and F.

3.16.6 If the appeal is upheld the written decision will include:

a) a description of the agreed working pattern b) the date from which the new working pattern is to take effect

3.16.7 If the appeal is refused the written decision will include:

a) the grounds for the refusal b) an explanation as to why the grounds for refusal apply in the circumstances c) ‘best offer’ – this may be where part of the application is possible and can be implemented or in a situation where the department can offer some flexibility but is not able to agree the requested pattern.

3.16.8 There is no further right of appeal Staff are reminded that the application of this policy and procedure relates to the ‘right to request’ flexible working and that completion of the above processes ensure that the Force has taken all reasonable measures to accommodate the request but that in some circumstances the outcome may be fully justified refusal. Where all necessary legal and policy considerations have been made staff are reminded that not fulfilling their contractual hours of work will result in the instigation of disciplinary procedures.

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4 Consultation and Authorisation

4.1 Consultation

Version No: Name Signature Date

Police & Crime Commissioner

Police Federation

Superintendents Association

UNISON

Other Relevant Partners (if applicable)

4.2 Authorisation of this Version

Version No: 1.9 Name Signature Date

Prepared: Teri Roberts Teri Roberts -

7403

14.01.19

Quality assured:

Authorised:

Approved:

5 Version Control

5.1 Review

Date of next scheduled review Date: ONE YEAR FROM PUBLICATION

5.2 Version History

Version Date Reason for Change Created / Amended by

1.0 June 2013 Initial Document K Brown (6539)

1.1 October 2013

Minor changes to appendix B, change of designation of roles for HR Service Support Team to Personnel Support Team, add HR Business Support Team check to Strategic People, Confidence and Equality Manager role, increased clarity around insufficiently completed forms

K Brown (6539)

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Version Date Reason for Change Created / Amended by

1.2 8/11/13 Amendments made to Appendix A re HR use

K Brown (6539)

1.3 30.01.14 Amendments made in relation to application procedure and application form following feedback

K Brown (6539)

1.4 30.06.14 Amendments made to take account of the legislative change to the Employment Act 1996 extending the right to ALL employees, update of legislation only

K Brown (6539)

1.5 2/10/14 Amendments to Appendix J K Brown (6539)

1.6 14/11/14 The policy has been reviewed in preparation for NICHE implementation (April 2015), no changes necessary

Policy Co-ordinator (6362)

1.7 17/11/14 Fit for purpose review carried out K Brown (6539)

1.8 11.10.17 Links contained in Appendix A updated, template updated

K Duke-Glover (6539)

1.9 14.01.19 Front page updated with statement to reflect harmonisation process.

Teri Roberts (7403)

1.10 28.02.19 Updated links to flexible working calculators added to Appendix A

Teri Roberts (7403)

5.3 Related Forms

Force Ref. No. Title / Name Version No.

Review Date

5.4 Document History

Present Portfolio Holder DCC

Present Document Owner Kaz Brown, Strategic People, Confidence and Equality Manager (6539)

Present Owning Department Corporate Development

Details only required for version 1.0 and any major amendment i.e. 2.0 or 3.0:

Name of Board: People, Confidence and Equality Board

Date Approved: 13 August 2013

Chief Officer Approving: DCC J Vaughan

(Template version August 2017)

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Please note that it may take up to 14 weeks to consider a request before it can be implemented, you should therefore ensure you submit your request well in advance of the date you wish the request to take effect. Any request should at least provide a month’s notice. FAILURE TO FULLY COMPLETE THE FOLLOWING 2 PAGES OF INFORMATION WILL RESULT IN YOUR APPLICATION BEING RETURNED AND MAY DELAY YOUR DESIRED COMMENCEMENT DATE

Collar Number & Full Name

Command Area / Department / Section

Job Title / Rank

Where do you work?

Do you have a Duty Sheet?

What is the name and collar number of your line manager/Sergeant?

What is the name and collar number of your line Inspector (if applicable)?

What is the name and collar number of your Chief Inspector (if applicable)?

What hours do you currently work per week?

Are you applying to change your weekly working hours, if so how many do you want to work?

Is this a change in working pattern only?

What date would you like to commence this change in hours or working pattern? THIS APPLICATION MUST BE RECEIVED BY HUMAN RESOURCES AT LEAST 12 WEEKS BEFORE YOUR REQUESTED CHANGE.

PROPOSED WORKING PATTERN To ensure that working time is not breached, overpayments do not occur and contracted hours are correct the following shift pattern calculator MUST be completed and attached with your application. FAILURE TO SUPPLY THE RELEVENT SHIFT PATTERNS WILL RESULT IN YOUR APPLICATION BEING REJECTED AND RETURNED TO YOU. The correct form should be utilised in all cases as Police Officers are paid for lunch breaks and Police staff are not.

Flexible Working Application Form

Appendix A Vers.1.0

2014

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Police Officers:-

Police Officer Part Time Flexible Working Shift Pattern Calculator

Police Staff

Police Staff Part Time Flexible Working Shift Calculator

In submitting this request you confirm the following:

a) there is a daily rest period of at least 11 hours between shifts b) there is an uninterrupted weekly rest period of not less than 24 hours (although this can be

aggregated to one uninterrupted rest period of 48 hours over a 14-day period) c) I will not be working more than 6 hours at a stretch in accordance with the Working Time

Regulations (and appreciate that it is the force policy to take a minimum 30 minute meal break during a 6 hour period – Police Staff)

IMPACT OF PROPOSED PATTERN

(i) I think this change in my working pattern will impact on the force and my colleagues as follows:- (ii) I think the impact on the force and my colleagues can be dealt with as follows:-

REASON FOR REQUEST I am applying to change my working pattern because:-

Applicant Name: (Please type your full name)

Date:

PLEASE NOW FORWARD THIS FORM TO EITHER YOUR LINE MANAGER FOR POLICE STAFF INCLUDING PCSO’S OR INSPECTOR FOR POLICE OFFICERS, WHO WILL

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COMPLETE THE NEXT SECTION OF YOUR APPLICATION FORM.

THIS PAGE IS FOR COMPLETION BY LINE MANAGER/INSPECTOR

Is application supported ‘in principle’? Date of meeting:

Any Comments?

Name of Line Manager or Inspector: Collar Number:

Date:

FOR POLICE OFFICERS: Please now forward this form to the Chief Inspector FOR POLICE STAFF: Please now forward to relevant Senior Manager

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THIS SECTION IS FOR COMPLETION BY THE CHIEF INSPECTOR OR POLICE STAFF EQUIVALENT OR RELEVANT FOR OTHER RANKS

Initial Comments (include initial agreement or otherwise)

Please now forward to Strategic People, Confidence and Equality Manager (Collar 6539)

FOR COORDINATION BY STRATEGIC PEOPLE, CONFIDENCE AND EQUALITY MANAGER WHO WILL FORWARD THIS FORM TO .Staff Contracts (Personnel Support) or .part time police officer

HR Personnel Support Team Checks: Date Received: Shift allowance payable Yes/No* (delete as applicable)

Appropriate breaks Yes/No* (delete as applicable)

11 hours or more between shifts Yes/No* (delete as applicable)

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Additional Comments / collar number: Pass to Duties or Finance

Finance Team Checks:

Date Received: Start date for overtime purposes: Comments / collar number: Pass to Duties

Duties Management Team Checks: Date Received: % of late shifts in the pattern : % of night shifts in the pattern: % of weekends worked in the pattern: No of flexible / part-time patterns in the dept/squad: Additional Comments / collar number: Return to Strategic People, Confidence and Equality Manager

FOR COMPLETION BY STRATEGIC PEOPLE, CONFIDENCE AND EQUALITY MANAGER

Comments / views (include details of all enquiries above, legal view and result of discussions with Superintendent, HR Business Support Team)

Signature

Date

Forward to Personnel Support Team for processing if approved, or return to Chief Inspector for action if not approved. Ensure all parties are updated.

Where changes have been negotiated and this has resulted in a change from the originally requested pattern the latest agreed / refused pattern should be attached.

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This form should be fully completed in order to formally appeal against a decision to refuse a part-time or flexible working request. Once complete this form should be forwarded to the Head of Personnel Services within 14 days of receipt of the refusal of the flexible working / part-time request via the mailbox .Human Resources marked for the attention of the Head of Personnel Services.

To be completed by the officer / member of staff

Collar Number & Full Name

Command Area / Department / Section

Job Title / Rank

I wish to appeal against the decision to refuse my application for flexible working. I am appealing on the following grounds:

I have attached a copy of my fully completed application form. Yes / No *

Signature

Date

FOR COMPLETION BY HEAD OF PERSONNEL SERVICES

Date received (dd/mm/yy)

Appendix B

Flexible Working Appeal Form

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Meeting held (dd/mm/yy)

Comments

Decision APPEAL UPHELD / APPEAL REFUSED* (delete as appropriate)

Rationale If appeal upheld start date (dd/mm/yy)

Signature

Date

Applicant advised in writing of outcome Date (dd/mm/yy)

Where changes have been negotiated and this has resulted in a change from the originally requested pattern the latest agreed / refused pattern should be attached. Police Officers:-

Police Staff

Forward to HR Personnel Support Team for processing / placing on personal file

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PATTERN APPROVED

Dear Your request to work (part time/no. of hours) per week has been APPROVED in accordance with the Flexible Working Policy and Procedure P31:2013. The agreed start date is (--/--/----) and I confirm the week of pattern will be (--) as discussed during the meeting/discussion(delete one) held on (--/--/--). Your application has been submitted to the HR Personnel Support Team for processing and you will receive notification of the changes from HR in due course. Your working pattern will be reviewed regularly in line with the policy and at least on an annual basis. Yours sincerely

Appendix C

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PATTERN NOT APPROVED Dear Your request to work (part time/No. of hours) has been REFUSED in accordance with the Flexible Working Policy and Procedure P31:2013 You have the right to appeal against this decision within 14 days of receipt of this letter to the Head of Personnel Services. If you wish to appeal you should fully complete the Flexible Working Appeals Form (found at Appendix xx of the Flexible Working Policy and Procedure) setting out the grounds on which the appeal is made and forward for the attention of the Head of Personnel Services via the mailbox .human resources. Once your appeal is received a meeting will be arranged within 14 days to consider the issues. A copy of your completed application form (attached) has been forwarded to the HR Personnel Support Team for their information and to be held on your personal file. Yours sincerely

Appendix D

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APPEAL UPHELD

Dear Following the meeting held on (--/--/--) I am writing to inform you that your appeal has been upheld. I confirm that your agreed working pattern will be ____________________________________________________________________________________________________________________________ which will take effect from (--/--/--). Yours sincerely

Appendix E

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APPEAL REFUSED - POLICE STAFF Dear Following the meeting held on (--/--/--) I am writing to inform you that your appeal has been refused. The grounds for this refusal are:- ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Yours sincerely

Appendix F

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APPEAL REFUSED - POLICE OFFICERS Dear Following the meeting held on (--/--/--) I am writing to inform you that your appeal has been refused. The grounds for this refusal are:- ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Your application will now be considered for any suitable vacant alternative posts and as such I have forwarded your application to the HR Business Support Team. Yours sincerely

Appendix G

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Guidance for Managers

Receiving a request: When a manager receives a request for flexible working they should look at the proposal with an open mind and make every effort to come to an agreement that is acceptable to both parties. Where a number of applications are received simultaneously priority will be given to those applications currently supported by legislation (refer to 2.1). Considering a request: When considering a request a manager should consider the following points:

a) does someone need to be present in this post during all the normal hours of work? b) can the post be filled as a jobshare? c) can all the necessary work be done in the hours requested? d) can the job be redefined to accommodate flexible working? e) what benefits would the organisation get from this arrangement? f) will there be an effect on the work of colleagues?

g) has flexible working been performed in other similar roles? If so what were the results?

h) if the post is deemed to be unsuitable for flexible working, are there any other suitable posts in the department?

i) what are the member of staff’s personal circumstances If a manager deems a post to be unsuitable for flexible working (as in h)) contact should be made with the Strategic People, Confidence and Equality Manager to discuss. A persons sickness absence or performance should only be taken into account when it is relevant to the application. When a meeting is required: In cases where a meeting is required managers should prepare by: a) making a list of the issues that need to be discussed at the meeting

Appendix H

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b) informing the officer or member of staff if there will be anyone else joining the meeting

c) contacting the Strategic People, Confidence and Equality Manager for guidance on the application of this policy and any legal considerations that should be made.

Trial period: If a manager has concerns about the viability of the working pattern proposed or the possible effects on service delivery and/or colleagues they should consider whether a trial period of the flexible working may be appropriate (refer to 3.7). Rejecting a request: If a manager wishes to reject a request then they should follow the guidance in section 3.5 and provide full rationale against each point that applies. Managers will not breach legislation if:

a) they give prompt consideration to the request b) they identify their operational business requirements for the role c) they identify the applicants personal requirements d) they balance (b) and (c) to give serious consideration

Serious consideration means that any refusal can be objectively justified as being a proportionate means of achieving a legitimate aim. There should be no restrictions because of the number of officers or staff already working flexibly or reduced hours, it is recognised however that there needs to be a priority focus on operational requirements and demand profiles in order to maintain service delivery to the public and this may have some impact in this area. It must be remembered that police officers can be required to work in any role in the Force therefore consideration of an application for flexible working requires that if an officer cannot be accommodated in their existing role, their application should be considered with respect to other police officer roles. In these cases managers should establish applicants minimum requirements e.g. available childcare, partners shift pattern etc.

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Guidance for Officers and Staff

Making an application: The list below provides suggestions for officers and staff to bear in mind when making an application:

a) A new working pattern will, in the case of police staff, normally be a permanent change unless otherwise agreed. Think carefully about the request as you will have no right to revert back to your previous hours of work.

b) The more notice that you can provide to your manager, means a greater likelihood of

implementing the change at a mutually agreeable time. Submit requests as soon as is possible.

c) Ensure that you provide as much detail as possible about the pattern you would like to

work along with the reason why you are making the request. d) Consider the effect that changing your working pattern will have on your job. Aim to

show any positive benefits e.g. extra cover at peak times. e) Consider any potential problems your proposals may present to Dorset Police and

identify potential solutions. f) If you are due to go on maternity leave consider when you wish to make your request,

refer to the relevant maternity policy to note timescales but always try to make your application in good time for your return.

g) Consider whether it may be worthwhile requesting a trial period of flexible working.

If a meeting is required: The list below provides suggestions for officers and staff to be prepared for if a meeting is due to take place to discuss the request:

a) Be prepared to expand on any points in the application. b) Prepare to be flexible. A manager may ask if there is any other working pattern you

would be willing to consider or if you would consider another start date or trial period.

c) If you are taking a companion to the meeting, ensure they are fully briefed which will save time in the meeting.

d) Familiarise yourself with this policy prior to the meeting.

If a request is refused: There is an appeals process in place to ensure that officers and staff are able to appeal against any decision. This appeals process is available to all officers and staff.

Appendix I

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This form should be used to review ALL flexible working patterns on a regular basis. Should a review result in the need to vary a working pattern officers and staff should submit their new pattern on the Flexible Working Application Form and the procedure wll be followed in accordance with the Flexible Working Policy and Procedure P31:2013. Managers completing this review should ensure that Inspector and police staff equivalent approval of outcome is obtained. There is an assumption that Inspectors and police staff equivalent will update and discuss with Chief Inspectors and police staff equivalent. Once this review form has been completed it should be forwarded to Kaz Brown 6539 for the individual’s personal file.

To be completed by the manager reviewing the flexible working pattern

Collar Number & Full Name of officer or staff

Command Area / Department / Section

Job Title / Rank

Date of review

Discussions / comments / record of review Date Signature Collar number

Outcome of review RECOMMEND CURRENT PATTERN CONTINUES / RECOMMEND NEW PATTERN REQUIRED* (delete as appropriate)

Inspector Signature Collar number

Date

Forward to Strategic People, Confidence and Equality Manager

Flexible Working Review Form

Appendix J


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