PART TIME AND FLEXIBLE WORKING OPTIONS PROCEDURE

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PART TIME AND FLEXIBLE WORKING OPTIONS PROCEDURE 1.

The aim of the procedure

1.1

Cheshire Constabulary is committed to equality of opportunity and ensuring that the talents and resources of its personnel are fully utilised. Subject to operational requirements, the force will seek to accommodate part time and flexible working arrangements to the mutual benefit of the force and its individual members of staff.

1.2

The purpose of this procedure is to enable police officers and police staff to continue in their chosen career although they are unable to work standard hours. All Police Officers and members of Police Staff (collectively referred to as members of staff in the remainder of this procedure) will be eligible to be considered for part-time or flexible working.

2.

The scope of the procedure

2.1

The Employment Act 2002 provides a statutory right for employees who are parents of a child under 6 years, or a disabled child under 18 years, to make a request for flexible working. (A disabled child is someone who is entitled to DLA – Disability Living Allowance.) The purpose of this right to make an application is to enable those parents to care for the child and this request must be given prompt and serious consideration.

2.2

Cheshire Constabulary has extended the right to request part-time or flexible working to all of its officers and staff, irrespective of their personal circumstances. However, those members of staff not covered by the statute will have no legal redress to an Employment Tribunal but can pursue their request through existing internal procedures.

2.3

This procedure covers applications for part-time and flexible working from both Police Officers and Police Staff. However, due to the differences between officer and staff conditions of service, there are separate appendices detailing specific information which will be applicable to Police Officers (Appendix 1) and Police Staff (Appendix 2).

3.

Definitions There are a number of part-time flexible working options available to all members of staff within Cheshire Constabulary. These include: Part-time working: An obligation for one person to work a reduced number of hours on a regular and planned basis. The member of staff negotiates availability with the constabulary.

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Job share: A shared responsibility between 2 people to work as one post-holder by means of a division of time and, where applicable, division of tasks. Term time only working: Working full or part time while taking unpaid leave during agreed school holidays. Salary may be averaged out over the year so that a regular wage is still received. School Hours working: Working during school hours only. Compressed hours: Working more hours each day, but fewer days of the week. Flexi time: Working hours can vary but there is a fixed core time and time can be banked as flexi leave. Voluntary Reduction in Hours: Working hours can be reduced for an agreed time period. Homeworking: There is currently no formal provision for homeworking, but special arrangements may be made on an ad hoc basis. 4.

Conditions of Service

4.1

Police Regulations will apply to officers working part-time or flexible hours in the same way as they do to officers working full-time. This is explained more fully in Appendix 1.

4.2

Conditions of service for members of Police Staff who work part-time or flexible hours will also remain the same as those for full time members of staff. These are explained in Appendix 2 and in the Police Staff Council Pay and Conditions of Service Handbook.

4.3

Eligibility

4.4

All members of staff at all levels in the organisation are eligible to apply for any of the part-time and flexible working arrangements listed at 3 above. However operational considerations may mean that certain arrangements cannot be accommodated in all departments.

4.5

Police Officers who are serving their probationary period may apply for part-time flexible working arrangements within the following constraints: • •

Initial training, street duties training and continuation training must be completed on a full-time basis, normally the first 31 weeks A minimum average of 24 hours per week must be worked

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The probationary period will be a minimum of two years, but can be extended on a pro rata basis to match the reduction in average hours per week.

4.6

The Constabulary is committed to ensuring that all areas of police officer and staff work lend themselves to part-time and flexible working arrangements, and there are no restrictions on the flexible hours and work patterns that can be proposed in each individual case. All requests for part-time and flexible working are subject to agreement being reached between the member of staff and the Area Commander/Head of Department.

5.

Decision-making criteria for part-time and flexible working

5.1

All posts should be considered as potentially being available for parttime and flexible working. If part-time or flexible working cannot be accommodated in an applicant’s current post, alternative posts should be explored.

5.2

Factors that will be taken into account when considering the suitability of a post for part time and flexible working are:• • • • • • • • •

5.3

Ability to meet internal and external customer demand Impact in quality and performance Ability to re-organise/re-assign work within the department Ability to recruit additional staff (e.g. job share partner) Ability to cope with fluctuations in work demand Sufficient work being available during the periods the member of staff proposes to work Health, safety and welfare of members of staff Additional cost to the organisation Any other reason arising out of the specific working arrangements of a department or area

Before making any application, a member of staff should be aware that approval of a request may bring about a permanent change to their terms and conditions of employment. It is therefore important that before such application is submitted, careful consideration is given to deciding the most suitable form of working and pattern of hours required to enable a member of staff to best meet their home demands.

5.4

Full consideration should be given to the financial aspects of the request as it may lead to a reduction in income. The reduction in salary or allowances may also affect pension, and members of staff are advised to seek independent professional advice.

6.

The Application Process

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6.1

All members of staff who seek part-time or flexible working arrangements in relation to an advertised post will receive equal treatment with full-time applicants.

6.2

Any member of staff who wishes to apply for part-time or flexible working in their current post should discuss their needs informally with their line manager as early as possible. Members of staff should be prepared for the process of changing to part-time or flexible working in their current post to take up to three months to complete.

6.3

Formal applications for part-time and flexible working should be made on a ‘Part Time/Flexible Working Application Form' and sent to the Area Commander/ Head of Department. A blank form can be found below

Application form

6.4

Area Commanders/Heads of Department will evaluate individual applications against the criteria listed at 6.2 above, and will attempt to accommodate the request for part-time or flexible working wherever practicable, subject to the needs of the service. Whilst every consideration will be given to the needs of the individual member of staff, Area Commanders/Heads of Department will only approve hours and rosters which are not detrimental to the overall performance of the area/ department.

6.5

Area Commanders/Heads of Departments may recommend to the Director of Human Resources that a post should be designated for part-time flexible working. However, individual posts do not need to be considered for part-time or flexible working arrangements until a request to work flexibly or on reduced hours is received from a member of staff.

6.6

Special posts will not be created simply to accommodate part-time and flexible working.

6.7

Members of staff whose requests for part-time or flexible working have been approved will sign a Part-time/Flexible Work Service Level Agreement which sets out agreed working hours and any other flexible arrangements. Members of staff with part-time or flexible working arrangements will be expected to demonstrate the same commitment as full-time members of staff and there may be occasions when they are required to vary their working hours.

6.8

The first two months of any part-time or flexible working arrangement should be seen as a trial period during which both the member of staff and the force can assess the suitability of the new arrangements. If the trial period is unsuccessful for either party, the member of staff will

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be invited either to return to a full-time post, or be assisted in finding an alternative part-time or flexible working opportunity elsewhere in the organisation. Every effort should be made by both parties to try to reach a successful work solution. 6.9

A member of staff can apply to revert to full time/regular hours, but approval will depend upon the needs of the organisation. Although the Constabulary will try to support such requests, approval cannot be guaranteed.

6.10

In cases where one job share partner leaves, the other partner may be given the opportunity to increase their working hours.

6.11

Details of all applications for part-time and flexible working, and the decisions taken, should be recorded on the Part-Time and Flexible Working Register, located on the Human Resources shared drive. These records should be maintained by the appropriate Area and HQ HR Officers/Managers.

6.12

All decisions in relation to part-time and flexible working arrangements must be notified to the member of staff in writing, with a copy to Personnel Department.

7.

Unsuccessful Applications and Appeals Process

7.1

In cases where Area Commanders/Head of Departments do not feel able to approve a request for part-time or flexible working, they must seek advice from the Director of Human Resources before notifying the member of staff concerned. The HR Department will act as mediators to resolve any problems which arise as a consequence of this decision.

7.2

Reasons for declining a request for part-time or flexible working must be based around the criteria set out in this policy (see 6.2 above). When declining such a request, Area Commanders/Head of Departments must be aware that the reasons given must be capable of scrutiny in any subsequent action under Equal Opportunities legislation.

7.3

Members of staff who make a request for part-time or flexible working in accordance with this procedure, and believe they have been unreasonably refused, should raise their issue via their Line Manager. If a response is not provided within 28 days from the date of the request, or if the member of staff remains unhappy with the decision, they should put their concerns in writing to the Director of Human Resources. This should be done within 10 days of receiving a response from the line manager, or within 10 days of the 28-day expiry date. If the alleged failure to consult is the responsibility of the Director of Human Resources, the member of staff should refer the matter in writing to the Assistant Chief Officer.

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7.4

Staff who have a disability or health condition which impairs their ability to submit a written statement can request the assistance of their Line Manager, a First Contact Adviser or Trade Union or Staff Association Representative.

8.

Support structures Support for members of staff with part time or flexible working arrangements is available in the first instance via the individual’s line manager or Area H.R. Manager. The Part Time Working Group, which meets quarterly at HQ, has a representative in each of the force’s operational areas.

9.

Monitoring

9.1

Part-time and flexible working arrangements will be reviewed annually by Areas/Departments to assess their continued suitability in meeting the needs of the force, in accordance with force procedure.

9.2

The central register of all part-time and flexible working applications on the shared HR drive will be used to monitor the number of requests for part-time and flexible working received across the force.

9.3

The number of refused applications, together with the reasons for the refusal, will also be reviewed.

10.

Review of procedure

10.1

This procedure will be reviewed every 2 years by the Director of Human Resources. The next review will take place in June 2008.

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Appendix 1 – Police Officers 1.

General Terms and Conditions

1.1

The police regulations governing full-time officers in respect of recalls to duty, compulsory overtime, transfers within the force, shift working and unsocial hours, rest days and public holidays, will generally apply in the same way to officers who have a part-time or flexible working arrangement. Pay, allowances and pensions provisions will apply on a pro rata basis.

2.

Placement of officers who have flexible working arrangements

2.1

Initial and subsequent postings will be at the discretion of the Chief Constable with the intention of ensuring the best use of all resources.

2.2

When determining an appropriate posting for an officer who works part-time or flexible hours, the needs of the area/department as well as the needs of the individual will be taken into account. An officer who works part-time or flexible hours will carry out the same duties and deployments as a full-time officer occupying the same post.

2.3

Officers who have part-time or flexible working arrangements will be eligible to apply for specialist posts or promotion, in accordance with force policy. They will be given equal consideration with their full-time colleagues, although the needs of the force, together with an individual officer’s career development will be taken into account. Where it becomes clear that a post is unsuitable for part-time or flexible working, the officer may be required to transfer to part-time or flexible duties in another post, or may elect to revert to full-time regular working.

2.4

Officers who work part-time or flexible hours may be subject to transfers in the same way as full-time officers. Part-time and flexible working arrangements will not form part of a job description, and should not be seen as being attached to specific posts.

2.5

An officer in the federated ranks will not be transferred back to full-time service without full consultation.

3.

Pay and Leave

3.1

Members of staff with part-time or flexible working arrangements will be paid at the same hourly rate as full time members of staff in the same post. Annual salaries will be calculated on a pro rata basis.

3.2

A standard formula is applied when calculating rates of pay for police officers working part-time hours: -

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Annual Salary x Contracted Part-time hours = Revised annual pay Full time hours (40) 3.3

Officers at all ranks who have part-time working arrangements will receive incremental increases in rates of pay calculated on a pro rata basis. Officers with part time or flexible working arrangements will receive the same number of days’ annual leave and public holiday leave as fulltime officers on a pro rata basis.

3.4

Additional advice about all aspects of pay and leave for officers with part-time and flexible working arrangements is available from the individual’s HR Manager.

3.5

Additional hours worked by part-time officers in the Federated Ranks

3.5.1

Time off in lieu or overtime premium at the rate of time and one third will be paid for hours worked in excess of scheduled working time where both more than 8 hours is worked on a day, and more than 40 hours are worked within the week in which the day falls.

3.5.2

Where hours are worked in excess of scheduled working time, but at least one of the qualifying criteria (8 hours per day and 40 hours per week) is not met, then payment will be made at plain time rates and an officer will have the option of taking time off in lieu of payment.

3.5.3

As with full-time officers, the choice between time off in lieu or payment will be made by the individual officer, subject in the case of time off in lieu, to the exigencies of duty. Where possible, a full-time officer should be asked to work the extra hours or days instead of an officer who works part-time hours.

3.6

Rest Day Working

3.6.1

Officers on part-time or flexible working arrangements who are required to perform duty on a rostered rest day will be compensated in the same way as full-time officers, depending upon the notice given. The minimum compensation of 4 hours plus travelling time, up to a maximum of 6 hours, will apply. Examples of working additional hours An officer who normally works 3 x 8 hour shifts per week (a total of 24 hours per week), is required to work 10 hours on a particular tour of duty but no other overtime that week. The 2 extra hours the officer works will be paid at plain time as he/she has not worked in excess of 40 hours in the week.

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An officer who normally works 5 x 4 hour shifts per week (a total of 20 hours per week) is required to work 6 hours on all 5 tours of duty one week. The 10 hours extra the officer works will be paid at plain time, as he/she has not worked either in excess of 8 hours on any tour nor over 40 hours in the week. 3.7

Recall to Duty - Free Day

3.7.1

Where 15 days notice has been given, the only compensation will be another non-working day in lieu. Where less than 15 days notice is given, officers' compensation will be paid at plain time rates, except where the overtime threshold is reached.

3.8

Recall to Duty - Working Day

3.8.1

Officers with flexible working arrangements who are recalled to duty on a rostered working day will be paid at time and a third with minimum compensation of 4 hours, plus travelling time. Example of recall to duty Assume force day commences at 06.00hrs. Having completed a days duty on Monday you are recalled to duty at 01.00 hrs Tuesday morning. The duty lasts 2 hours at which time you return home. You are entitled to claim 4 hours overtime. You would be required to carry out normal duty on the Tuesday.

3.9

Competency Related Threshold Payment (CRTP) and Special Priority Payments (SPP’s)

3.9.1

Officers working flexible hours will not be treated less favourably than full-time officers in being assessed for these payments.

3.9.2

An officer who works flexible hours and who is assessed as achieving high professional competence against each of the four national standards for CRTP, or is in a qualifying post for SPP’s, and who meets the Force’s qualifying criteria in either case, will receive the payments on a pro rata basis.

3.10

Accommodation, Housing Allowance and Transitional Rent Allowance

3.10.1 An officer who, prior to commencing flexible working, was provided with accommodation may continue to reside in such accommodation if the Chief Constable considers that it is conducive to meeting the operational needs of the force. 3.10.2 Officers with flexible working arrangements will be paid housing allowance and transitional rent allowance, where applicable, on a pro

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rata basis, proportionate to the hours worked by a full-time officer. 3.10.3 Compensatory allowance can be claimed by part time officers sharing accommodation who are eligible for replacement allowance and is no longer restricted to a full time member living with a part time member. The allowance is no longer restricted to married couples and can be payable where an officer shares another member’s accommodation. 4.

Periods of Duty

4.1

The scheduled working time for an officer in the federated ranks who works flexible hours and the scheduled paid annual leave and paid public holiday leave will total not less than 16 hours per week. The regulations require the Chief Constable to review an officer's scheduled hours at least once a year.

4.2

The regulations for flexible working in the federated ranks allow for a wide variety of working patterns, to be determined by the Chief Constable after consultation (e.g. an average of 5 days per week on part-time basis or some weeks full-time with others completely free of duty). This will be subject to the requirement of all officers to attend duty at any time if required.

4.3

A duty roster will be published at least one month in advance to enable officers on flexible working arrangements to plan their time. The duty roster will specify 'rest days' and 'free days'. Part-time officers are entitled to two rest days per week.

4.4

Rosters will seek to provide an interval of at least 8 hours between shifts and not more than 7 days will expire between rest days.

4.5

Officers with flexible working arrangements may be required to work shifts and weekends and be subject to the exigencies of duty similar to full-time officers and will ideally be attached to one team of officers.

5.

Refreshment Periods

5.1

Where in one day an officer is on duty for a continuous period of 5 hours or more, time for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the following:Number of Hours Less than 6 hours

30 minutes

6 hours or more, but less than 7 hours

35 minutes

7 hours or more, but less than 8 hours

40 minutes

8 hours or more, but less than 9 hours

45 minutes

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Refreshment Interval

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9 hours or more, but less than 10 hours

50 minutes

10 hours or more

60 minutes

6.

Tenure

6.1

The force policy on tenure will apply to officers with flexible working arrangements in the same way as to full-time officers. Tenure will not be assessed on a pro rata basis. At the end of the tenure, the officer will need to be found an alternative post.

7.

Promotion

7.1

A candidate’s suitability for promotion should be decided on the basis of individual ability. Where an officer who works flexible hours is successful in securing promotion, each of the available job vacancies should be reviewed in terms of its suitability for flexible working. Individuals should not be excluded from promotion on the basis that there are no existing vacancies with flexible hours at the higher rank.

8.

Pensions The Police Pensions (part-time service) Regulations, which came into force in June 2005, are designed to ensure that, as far as possible, officers with part-time service in the police receive a fair proportion of their full-time counterparts’ pensions. They cover all aspects of the pension scheme in detail, and additional information is available through HQ HR Managers.

9.

Specific Arrangements for Re-joiners and Probationers

9.1

Officers wishing to rejoin the constabulary on flexible working arrangements will attend the standard recruit assessment along with other new recruits to determine their level of fitness and suitability to rejoin the force. Their suitability will be determined in the same way as officers applying for full-time appointments.

9.2

Probation

9.2.1

All officers rejoining the force will have a probation period of at least 12 months. If the Area Commander/Head of Department believes that there is a need to extend the probationary period, they should submit a report to the Director of HR stating the need for such action. Rejoiners with over 5 year’s absence from the force will have to satisfactorily complete two years probation.

9.2.2

The following rules apply to probationers with flexible working arrangements: • There is no exemption from working shifts, including night duty

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• Rosters should be discussed and agreed by managers, in the same way as full-time probationers • Shift patterns should be worked consistently with a named supervisor to ensure continuity of supervision • Applications from probationers for flexible working arrangements will be dealt with in the same way as applications from established officers 9.2.3

Once an officer has completed the probationary period, the flexible working procedure for established officers will apply.

9.3

Training

9.3.1

Training requirements for re-joiners will be determined on the basis of their individual needs based on the length of time away from work, length of service and experience in relation to the function to be fulfilled on their return.

9.3.2

An assessment of a re-joiner’s initial training needs will be made at the application stage. Once the applicant has been accepted for reemployment, the officer will be provided with a programme of retraining.

9.3.3

Upon being appointed and posted as a constable, re-joiners may be allocated a tutor constable to assist in their personal development and re-adjustment back into the force.

9.3.4

The implementation of the training programme and monitoring of the officer's progress will be the responsibility of the Area Training Officer.

9.3.5

Officers who work flexible hours are expected to participate in ongoing training and development activities as required, and to achieve the standard of competence necessary to fulfil the role. Additional hours at plain time (up to 40 hours per week) plus any other allowances will be paid for periods of training.

9.3.6

Should attendance on a specific course be a pre-condition of a transfer to any specialist post, and the officer is unable to attend such a course on a full-time basis, this may result in the transfer being denied.

9.3.7

All training should be regularly re-evaluated to ensure that it meets the needs of officers with flexible working arrangements.

9.4

Rank

9.4.1

When officers (whether full-time or on flexible working arrangements) rejoin the service following resignation, returning to the same rank is not guaranteed. However, consideration will be given to the officer

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being appointed to his/her previous rank where the period of absence is less than 3 years. 9.4.2

A re-joiner (either full-time or on flexible working arrangements), with over three years outside the police service, will be appointed as a Uniform Police Constable regardless of the rank they held during previous employment.

10.

Performance Development Review (PDR)

10.1

All members of staff with flexible working arrangements will be included in the performance and development review (PDR) processes of the force.

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10.2

WORKING ON A REST DAY

Did the officer have at least 15 days notice?

No

Yes

Within four days of the rest day cancellation, he or she will be told the date of another day off

Did he or she have at least five days notice?

Yes

No The officer will be paid at time and a half for the hours worked (The minimum payment is four hours) Payment at double time for all hours worked (the minimum payment is four hours)

Or

The officer may choose time off instead of payment

Or

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Did the officer have at least 8 days notice?

No

Yes

Within four days of the rest day cancellation, he or she will be told of the date of another day off Plus Payment at double time for all hours worked (the minimum payment is five hours

The officer will be paid at double time for the hours worked (The minimum payment is five hours)

Or

The officer may choose time off instead of payment

Or

WORKING ON A FREE DAY

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Did the officer have at least 15 days notice?

Yes

Yes

No

No payment – free day in lieu to be notified within four days

Did the 'named officer' work over eight hours on the free day?

The 'non-named officer' will be paid at time and a half for the hours worked (The minimum payment is five hours) Yes

Has he or she been on duty for more than 40 hours in that week

Yes

No

Or

The officer will be paid at time and a third for the hours worked (Minimum payment is five hours)

The officer will be paid at plain time for the hours worked (Minimum payment is five hours)

Or

Or

The officer may choose time off instead of payment – it must be granted within three months

WORKING EXTRA HOURS ON A DUTY DAY No

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Has the officer been on duty for more than 40 hours in seven 'fixed days'

Appendix 2: Police Staff 1.

Conditions of Service

1.1

Members of staff who have flexible working arrangements will have full access to promotion and training opportunities, access to overtime payments (once they have worked 37 hours in one week at plain time), allowances in respect of public holiday working and for working on 'non working' days when they would not otherwise be expected to work (where applicable). The Police Staff Council Pay and Conditions of Service Handbook provides detailed guidance on all of the above.

2.

Pay and Leave

The extra hours worked will be paid at time and a third

The extra hours worked will be at plain time

Or

Or

The officer may before the end of the pay period, elect to take time off in lieu. This should be granted within 3 months.

The officer may within 4 days of the end of the week, elect to take time off in lieu. This should be granted within 3 months.

2.1

Rates of Pay

2.1.1

Members of staff with flexible working arrangements will be paid at the same hourly rate as full time members of staff in the same post. Annual salaries will be calculated on a pro rata basis.

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2.2

Calculation of Pay

2.2.1

A standard formula is applied when calculating new rates of pay for part-time members of staff: Annual Salary x Contracted Part-time hours = Revised annual pay Full time hours (37) Additional advice about all aspects of pay for staff with flexible working arrangements is available from the individual’s HR Manager.

3.

Annual Leave and Public Holidays All staff who work less than full time hours (equivalent to 37 hours per week) will be entitled to annual leave calculated on a pro rata basis. The following formula should be used: Contract hours x FTE entitlement as a decimal = entitlement in hours Where the FTE entitlement as a decimal is as follows: 22 days = 4.4 27 days = 5.4 30 days = 6

Example For an employee who works 24 hours per week and has 7 years service, leave entitlement is: 24 x 5.4 = 129.6 hours (round up to 130 hours) 4.

Additional Hours

4.1

Overtime allowances only apply where the total hours worked are in excess of the average working week of a full time employee (37 hours). Additional hours worked below this figure will be paid at plain time rate.

5.

Performance Development Review (PDR)

5.1

All members of staff with flexible working arrangements will be included in the performance and development review (PDR) processes of the force.

6.

Training and Promotion

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Members of staff with flexible working arrangements have full access to training and promotion opportunities and should be treated no less favourably than their full-time colleagues. 7.

Pensions Pensions for Police Staff with flexible working arrangements will be calculated on a pro rata basis. Full details can be found in the Cheshire Pension Fund ‘All about your pensions’ booklet. HQ HR Managers can also advise on the impact of flexible working arrangements on pensions.

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