Review of Association of Chief Police Officer (ACPO) terms and conditions

Report: 4
Date: 18 September 2008
By: the Chief Executive

Summary

This report ‘follows on’ from a number of reports considered by the Remuneration Sub Committee in 2007. It sets out some possible variations to the current terms and conditions.

A. Recommendations

That members agree the proposed changes set out in this report.

B. Supporting information

1. The Metropolitan Police Authority (MPA) has a responsibility for setting and agreeing the terms and conditions of ACPO rank police officers that are not covered by legislative provision. In the last twelve months, a number of possible changes have been suggested by Members and have been the subject of discussion or reports to this Sub Committee. This report is intended to summarise the current position with a view to varying the current terms and conditions, an example of which is set out in Appendix 1. All references to the Clerk will be amended to Chief Executive.

2. The Authority has sought the initial views of counsel (Clive Sheldon) on the process of making changes to ACPO terms and conditions. The general thrust of his advice was that the Authority had no power to alter Police Regulations and that changes to the terms and conditions that the Authority had drafted would be enforceable as a matter of private law by both the Authority and the officers concerned. Otherwise, the remedy for the senior officers would be to rely on the notion of legitimate expectation in an action for judicial review.

Terms of appointment

Compulsory retirement ages

3. The Employment Equality (Age) Regulations 2006 (“the Regulations”) came into force on 1 October 2006. These Regulations make it unlawful to discriminate on the basis of age in employment. Although the Regulations do not apply specifically to police officers, they are to be followed in spirit. The Police Pensions Act 1976 empowers the Secretary of State to set Compulsory Retirement Ages (CRAs) for members of Police Forces. CRAs of 65 have been set for all ACPO ranks, but with added flexibility to extend service for an unlimited period at the discretion of the police authority. It follows that the continued service of Commanders will be reviewed at the age of 65 and annually thereafter. For other ranks the Fixed Term Appointment (FTA) will cover this. It is proposed that there is explicit reference in ACPO terms and conditions to CRAs and the annual review of service thereafter.

Extension to Fixed Term Appointments (FTAs)

4. The Police Negotiating Board (PNB) agreement on FTAs for deputy assistant commissioners (DACs) and above states they can be extended by agreement between the Police Authority and the individual concerned. Commanders do not currently have FTAs. The first extension could be up to a maximum of three years. Any subsequent extension could not exceed a year. The consent of the Secretary of State would be required if the first extension exceeded one year or in the event of any second or subsequent extension. It is proposed that there is explicit reference in ACPO terms and conditions to the arrangements for extending FTAs, but not the detail set out in paragraphs 5 and 6.

5. When considering extensions to FTAs, the views of the Commissioner and the individual officer will be sought 12-18 months before the expiry of the FTA or – if the FTA has been extended – six months before the expiry of the extension. The Commissioner will be asked to comment upon:
· Assessment of skills and performance: - Suitability for further service on the basis of operational effectiveness. Previous performance is a key indicator of suitability for retention but it should be considered objectively. The competencies and skills are relevant factors, as is information from Performance Development Reviews (PDRs);

• Discipline and Attendance;
•  Viability of retaining the officer: - Taking account of the officer's skills and experience, i.e. any skills gap or skills overlap in the ACPO cadre; effectively, how their retention would benefit the MPS as a whole. Is this ‘blocking’ a promotion opportunity for better qualified staff; and
• Any views he may have on the length of the extension to be offered, although the final decision will rest with the Authority.

6. In response to the Commissioner’s letter and the views of the individual officer (if they have been made known), the Authority would convene a small group of members to consider any requests at the earliest opportunity before the end of the FTA. The individual officer would be invited to make personal representations.

Duties and responsibilities

Contact with the media

7. The Metropolitan Police Service’s (MPS’s) Media Relations Policy states “While advocating greater openness and contact with the media, this policy does not authorise any police officer or member of police staff to divulge information which is beyond their own area of personal responsibility, or authority, or which represents gossip or rumour. Such activity is contrary to the values of the organisation.” It is proposed that ACPO rank officers are reminded of the need to understand their role and the likely impact of any public comment by the inclusion of this extract from the Media Relations Policy in their terms and conditions.

Place of work and hours

Overseas travel

8. All ACPO rank officers are expected to seek and obtain the approval of their line manager before any travel overseas on official business. These trips are then reported to the Remuneration Sub Committee every six months. It is proposed that a reference to the need to seek and obtain prior authority for overseas travel is included in their terms and conditions.

Annual leave

9. All ACPO rank officers are expected to seek and obtain the prior agreement of their line manager before booking or taking annual leave. It is proposed that a reference to the need to seek and obtain prior authority for annual leave is included in their terms and conditions.

Business interests

10. It is proposed to ‘split’ this section into two distinct parts and re-title it “any other occupation or profession or business or work.” This is because the provision as set out in the first part of the paragraph, namely that “The expectation is that you will devote your working time to your duties and office. You must not engage in any other occupation or profession or business or work, whether paid or unpaid, for any other organisation, company, firm or person without the written permission of the Chief Executive to the Authority” is a typical contractual term. In other words, if senior officers are engaged in other matters, even in their spare time, this could impact on their performance. This is very close to, but distinct from, Regulation 7 of the Police Regulations 2003 as amended by the Police (Amendment) (No. 2) Regulations 2006. It is proposed to amend this second part of the paragraph to ensure that any business interest has the prior approval of the Chief Executive.

Post authority employment and appointments

11. The current provision may be considered too restrictive, as it seeks to prohibit fresh employment for certain new employers within two years of leaving the service of the MPA. This period is too long, and most restrictive covenants of this length would be struck down by the Courts as being an unreasonable restraint of trade. It is proposed to amend this to 12 months.

C. Race and equality impact

There are potential equality and diversity implications within the processes described, although the effect should be ‘neutral’ since decisions will be based on objective grounds and applied to all ACPO officers equally.

D. Financial implications

There are no financial implications arising from the recommendations in this report.

E. Legal Implications

There is some uncertainty as to the status of the MPA’s terms and conditions of appointment. It is unlikely that they form part of a contract of employment, but they could be treated as forming part of some other contractual arrangement. If so, then they would be enforceable as a matter of private law by both the MPA and the officers concerned. Otherwise, the remedy for senior officers would be to rely on the notion of legitimate expectation in an action for judicial review. Such a claim can only be defeated if there is a strong reason for the change, which outweighs the benefit to the individual that his expectation will be upheld.

F. Background papers

None

G. Contact details

Report author: Alan Johnson, Policy Officer, Human Resources, Metropolitan Police Authority (MPA)

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Send an e-mail linking to this page

Feedback