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Derbyshire Constabulary

FLEXIBLE WORKING TO ACCOMMODATE RELIGION OR BELIEF POLICY

POLICY REFERENCE 08/221

This policy is suitable for Public Disclosure

Owner of Doc:

Head of Department, Human Resources.

Date Approved:

May 2005

Review Date:

April 2017

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INDEX Heading

Page No

1.

Policy Identification Page ................................................................................ 3

2.

Legislative Compliance.................................................................................... 4

3.

Introduction....................................................................................................... 4

4.

Policy Statement............................................................................................... 5

5.

Procedures ........................................................................................................ 5

6.

Monitoring and Review .................................................................................... 8

7.

Appeals.............................................................................................................. 8

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1. Policy Identification Page

Registry Reference number:

Flexible Working to Accommodate Religion or Belief Policy 08/221

Policy implementation date:

May 2005

Policy review date:

April 2017

Policy title:

Department / Division responsible:

Human Resources

Policy owner:

Head of Department

Last reviewed by:

Ace Williams

Date last reviewed:

Impacts on other policies / guidance / documents (list): None

Security Classification: NOT PROTECTIVELY MARKED

Disclosable under FOI Act: YES Policy to be published on Intranet YES Policy to be published on Force Website YES Policy disclosable to public via FOI request YES

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April 2014

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2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies.

3. Introduction Whilst operational requirements and service delivery take precedence, it is often possible to provide flexibility to allow the needs of staff to be accommodated. For staff who wish to request permanent changes to their working arrangements, applications must be submitted under the Flexible Working Policy. The arrangements cover all staff employed Derbyshire Constabulary. For the purpose of these arrangements ‘religion or belief’ is defined in accordance with the Employment Equality (Religion or Belief) Regulations 2003. Supervisors need to show consistent flexibility and consideration to staff requiring time off for any religious holy day, and this highlights the need for an awareness of the significant dates of the multi faith calendar (available from BPA/Equality Unit and Guide to Religious Beliefs and Cultures). Any time off taken over and above the statutory holiday entitlement will be deducted from the individual’s annual leave, flexitime or time off in lieu record. Where possible operational planning should take into consideration the faith calendar when scheduling meetings and events to avoid clashes with festival times when staff are likely to be on leave. The legislation contains the following definition – ‘Religion or belief is defined as being any religion, religious belief or similar philosophical belief. Factors to consider are collective worship, clear belief system and profound belief system affecting way of life or view of the world’. A guide to Religious Belief and Cultures is available on the Intranet. Aim The aim of the policy is to provide staff, wherever possible, with the flexibility within their working arrangements to enable them to participate in their religious requirements or events. The purpose of the policy is to:

Set out the legal basis. 4

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  

NOT PROTECTIVELY MARKED Identify circumstances which would constitute the flexible arrangements. Explain the application of the policy. Identify an appeal procedure.

Legal Basis     

Employment Equality (Religion or Belief) Regulations 2003. Race Relations Act 1976 (as amended). Human Rights Act. Determinations under Police Regulations 2003. Equality Act.

It is important that high quality customer service is provided as part of the Flexible Working to Accommodate Religion or Belief Policy and the standards specified in the Customer Service Policy apply throughout this document.

4. Policy Statement All religions have particular holy days that require individual observance. Derbyshire Constabulary as a diverse employer, will provide flexibility and temporary changes within working arrangements to enable staff who practice a particular religion or belief, to participate in religious events and protocols. This requires some consideration of individual arrangements. The Force aims to create working conditions that respect the needs of those members of staff who wish to observe a particular religious faith, recognising the diverse nature of our current and potential workforce. Recognition of the particular needs of members of faith groups is crucial to effective recruitment and retention. Staff must be permitted to follow their recognised religion or belief free from discrimination, harassment and victimisation subject to any practices undertaken being legal and inoffensive to others. Managers have a particular responsibility in ensuring this.

5. Procedures Eligibility All staff employed by the Constabulary can apply for the arrangements irrespective of length of service or hours worked. It is important not to assume that a member of staff has specific religious beliefs. Staff should, in the first instance, make arrangements with their line manager who should aim to accommodate request subject to operational commitments. Requests may be rejected where the time off would result in the following:   

Putting other staff in danger due to staff shortage. Where service to the public would be seriously and adversely affected. Where there may be resourcing issues for major operations and incidents.

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NOT PROTECTIVELY MARKED Entitlements Many religions or beliefs have special festival or spiritual observance days. Every effort should be made to allow staff with a faith to have leave on these days. Where it is reasonable and practicable time off may be granted as detailed in the following paragraphs. Where several requests are made, managers should discuss the matter with staff affected with the aim of balancing the needs of the business/operational resilience and a consistent approach to granting time off. Time off for specific events – use of annual leave, flexi leave, time off in lieu/lost rest day, change of rest day should be used. Staff may request time for prayer. Staff may request that their rest break coincide with their religious obligations to pray at certain times of the day. Time taken for prayer should not extend beyond that taken for normal refreshment breaks. However, the request may conflict with exigencies of duty or operational resilience and managers may refuse the request if it conflicts with business need, which cannot be met in any other way. Staff wishing to attend a religious service on a holy day may attend during working hours if this can be accommodated. Whilst permission may be granted to attend in work’s time, time taken away from work will be deducted from annual leave, time off in lieu etc unless it can be taken in the time allowed for a refreshment break. Where it is not possible to grant leave/time off and a member of staff requires time off for a religious event, consideration should be made to accommodate a change in working times. Changes to working arrangements could include:     

A change of start/finish times for one off tours of duty. Meal breaks to be taken at different times. Use of the flexi time scheme, for example using flexible lunch hours to accommodate prayer times. Temporary change of hours of work for a defined period of time to accommodate individual specific religious/personal requirements. Flexibility to accommodate time for prayer/contemplation. Flexibility to accommodate specific periods of religious observance such as fasting.

Substitution of Bank/Public Holidays for Religious Festivals – Police Staff The Force recognises that all religions have particular holy days in their calendars. This policy provides for police staff to substitute any of the eight public holidays for alternative religious festivals. Applications to substitute these days must be submitted in writing through the line manager by 31st January of the relevant year, for consideration of any issues associated with this and an appropriate risk assessment undertaken. For example there may be safety considerations or long working considerations. If approved the application should be forwarded to the Shared HR Service Centre for retention on the personal file. It must be ensured that the member of staff working on the official public holiday does not attract allowances or enhancements. Additionally if a public holiday is substituted it must be agreed that the member of staff will take this time off as a public holiday with no additional enhances remuneration entitlements.

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NOT PROTECTIVELY MARKED Only one application may be made per year and once approved the dates will be set year on year and will only change where the dates of religious festival fluctuate or should a further application be submitted. Police Regulations 24 and 26 Public Holidays, Rest Days and Free Days – Police Officers Annex H of the Determinations under the Police Regulations 2003 provide that where a Police Officer, at his or her own request, works on a day which is a public holiday, rostered rest day or, for a part-time officer, a free day, will not be regarded as having been required to do duty on that day and therefore will not attract any allowances or enhancements for that period of duty. The officer can, however, be granted another day off in lieu, which is then treated as a public holiday, rostered rest day or free day. A report reflecting the changes agreed and approved in respect of paragraphs 5.7 and 5.8 must be retained on the personal file and any appropriate alterations made to shift patterns. Statutory public holiday dates are fixed and may not be changed to meet individual circumstances. However, for the rank of constable and sergeant the Winsor Review of Regulations will allow substitution of one or more public holidays during the financial year. This regulation may provide as an alternative substitution when considering applications but mindful that all applications have to be submitted before 31 January of the relevant year. Time off for alternative religious days may only be granted where: (a)

The individual works on a public holiday then claims the time off for the alternative religious day or;

(b)

The time off is debited from annual leave, flexitime or time off in lieu records.

To ensure parity for all staff no additional annual leave or time off entitlements are authorised by this policy. Line Managers retain discretion to allow flexibility within existing regulations. Application Procedure The member of staff should report to their line manager with the request for the flexible working arrangement with at least 28 days’ notice where possible. Where staff require time off on religious festivals or holy days a request should be submitted to the line manager at the start of the annual leave period (1 st April) allowing sufficient time for the request to be considered. When considering the request the manager should ensure the efficiency of the service will not be impaired. The line manager can approve the request. The successful application should be forwarded to the relevant HR Officer who will monitor applications to ensure a consistent approach. Guidance A guide to religious diversity including an overview of the main world religions and contact details for national religious police associations are available on the Intranet for reference. 7

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NOT PROTECTIVELY MARKED The staff associations, Unison and networks can provide support and advice to individuals making a request under this procedure.

6. Monitoring and Review The Head of Department, Human Resources is responsible for monitoring the implementation and impact of this policy. The policy will be reviewed every three years and the outcome of monitoring processes will inform this review.

7. Appeals Process Members of staff may appeal within 7 working days if the request is refused and they feel the request has not been fully considered. The appeal should be directed to the next line manager who will review the application with the relevant HR Officer. The line manager will respond within 14 working days with the decision whether to approve or refuse the request.

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