Business interests and voluntary working Policy

Transcription

1 Business interests and voluntary working Policy Policy summary West Yorkshire Police needs to maintain the integrity of the Force. All those who work for the Force (paid and unpaid) who have or wish to pursue a business interest must ensure that: it is compatible with their continued employment by the Force; and there is no adverse affect on the reputation of the individual or the Force. This policy procedure provides employees with information on how they must inform the Force of a business interest. Aim The aims of this policy procedure are to: ensure a consistent service wide approach to business interests; explain how you must notify the Force when you have or wish to pursue a business interest; and enable the Force to deal with business interests notifications in a fair and equitable manner. Scope This policy procedure applies to all police officers, police staff, police community support officers, special constables irrespective of role or service, including those in their probationary period, and police support volunteers. Where the term: 'employee' is used in this policy procedure, this means all of the above; and business interest is used, this includes voluntary working arrangements. Police support volunteers should follow the process for police staff throughout. Compliance Police officers and special constables Police Reform and Social Responsibility Act 2011 Police (Amendment) (No 3) Regulations 2012 Police (Amendment) (No 2) Regulations 2006 Regulation 7 of Police Regulations 2003 Code of Ethics Compliance Police staff Health and Safety at Work Act 1974 SI 1883/1998 Working Time Regulations 1998 EC Drivers hours regulations Code of Ethics

2 Police Staff Council Terms and Conditions and agreements Code of conduct for police staff Compliance - both ACPO Guidelines on the Management of business interests and additional occupations for police officers and police staff Chapter 1 Definitions Definition You will be considered to have a business interest if as: No Example an employee: 1 you carry out a role in another business, which you may or may not be paid for in cash or in kind. a police officer: 2 you, your spouse or relative hold or possess a pecuniary interest in any licence or permit granted in law relating to liquor licensing, refreshment houses, betting, gaming, or regulating places of entertainment in our Force area. A relative means someone who forms part of your household, i.e. lives with you, and is your: spouse or civil partner or any person living with you as if they were a spouse or civil partner, in either case, is not separated from you; parent; son; daughter; brother; or sister. Chapter 2 Principles Owing to Police Regulations some details of the process differ for police officers and other employees. Force undertaking Any person making an enquiry or declaring a business interest should be provided with a copy of this policy procedure. When considering if an employee can hold a business interest, the integrity of the Force will take precedence. There must be no adverse impact on the reputation of the individual or the Force.

3 Employee undertaking If you are an employee and you are in any doubt as to whether your activities constitute a business interest, you should seek guidance from your district or departmental HR officer. NB You should not become improperly obligated to any person, group or organisation. Public confidence The Force does not attempt to preclude you from undertaking additional employment, but any such employment, in the view of the Force must not: conflict with or react detrimentally to the Force s interests; weaken public confidence, in any way, in the way the Force conducts business; affect your performance; take precedence over your work for West Yorkshire Police; or conflict with the Police (Conduct) Regulations 2008 (police officers only). Selling skills and services acquired through the Force Generally you will not be allowed to sell the skills or knowledge you have acquired through, or at the expense of, West Yorkshire Police to outside agencies or interests. These types of business interests may be rejected. Your work within the Force could open up the opportunity to cultivate contacts, customers and suppliers both internally and externally. It would not be considered appropriate to use contacts developed in your Force role for your private business. If this occurred both you and the Force may be open to allegations of business impropriety. Other considerations While each case should be considered on its own merits, a number of factors covering the following areas must be taken into account in determining whether to approve an application for a business interest or additional occupation. These include: impartiality predicted, expected or evidenced; impact on the Force potential and perceptions; the applicant s current performance; proportionality in relation to seniority and role; equality and diversity; health, safety and wellbeing; and any other personal circumstances concerning the individual. Internal police related posts If an individual holds any post within West Yorkshire Police as a result of their current rank or role, this does not need to be disclosed as a business interest or voluntary work. Examples would include

4 secretary or chair of the sport society, or a neighbourhood policing officer running diversionary schemes while on duty as long as they are not for personal gain. These posts are undertaken due to the role and rank of the individual and not due to any paid employment or voluntary work. These are specifically related to internal voluntary work and do not cover any external sport societies or clubs. Roles undertaken voluntarily on the behalf of and for the benefit of other members of staff which are not run for personal gain, e.g. tea funds, tuck shops and lottery syndicates etc. are not classed as business interests. Chapter 3 Criteria It is not possible to provide a definitive list of specific occupations, interests or activities that are likely to lead to your application being accepted or rejected because of the need to: consider each case on its merits; and assess the risks involved. Each notification will be considered separately. Incompatible interests Police officers are specifically prohibited by Regulation 7 of the Police Regulations 2003 and police staff (agreed by the Police Staff Council), from holding a licence or permit granted in pursuance of the law relating to: liquor licensing; refreshment houses; betting and gaming; or regulating places of entertainment, in the Force area. Potentially compatible interests Important The following lists of activities and examples of specific jobs are not exhaustive. Likely to be approved The following are examples of business interests that are likely to be approved:

5 No Example 1 owning or working in a shop; 2 gardening/manual work; 3 sales advisors; 4 teaching/lecturing; 5 childcare; 6 skilled trade, such as building/plumbing; 7 artistic activities; 8 property rental; and 9 professional/semi-professional sports activities. Likely to be rejected The following are examples of types of activities which are likely to lead to the rejection of an application. Each case will be assessed on its own merit and assessed on the risks involved before a decision is made. Step Action 1 working in licensed premises where there would be a conflict of interest with policing duties or with the specific work carried out by an employee; 2 an activity that would present a conflict of interest in the administration of justice (e.g. magistrate, practising solicitor, barrister, fine enforcement officer); 3 an activity that involves investigation for other than police purposes (e.g. loss assessor, private detective); 4 an activity that mirrors police responsibilities or is an extension of police functions (e.g. close protection, private security or surveillance, crime prevention or personal safety); 5 an activity that is connected with the lending of money or recovery of debts for others or an activity that involves hard selling to colleagues or members of the public by placing undue pressure on them to buy or rent, including recruiting others to sell on their behalf, e.g. pyramid selling type arrangements; 6 an activity using specialist skills or knowledge obtained through the police service. This includes lecturing or training; 7 renting accommodation from or letting accommodation to a member of staff who is in the same line management structure (excluding short-term arrangements, e.g. holiday lets or those done through a letting agency); 8 appearing in any commercial filming production in which they portray either a police officer, police community support officer or other police uniformed role, whether on or off duty, or undertake any role where it could be construed that they are representing the police service; or 9 the writing and publication of books, articles or other

6 material for gain by serving members of the police service about their policing or work experiences. Chapter 4 Notification and decision You must notify the Force by submitting a business interest notification form (Per 5 for police officers and Per 5a for police staff) to your HR officer for audit and recording purposes. Your business interest will be considered by the Business Interests Panel. Flowchart and timescales A flowchart and timescale for this process can be found in the toolkit section. Promotions and postings If you undertake a new role and you hold or intend to hold a business interest you are required to complete and submit a notification of business interest form even if you have done so in your previous role. New joiners If you join the Force and already have a business interest, you must declare this to ensure it is compatible. This will be considered before any application to join the Force is accepted. Decision The Business Interest Panel will: determine if your business interest is approved; and decide whether your business interest is compatible with your role in the Force. Conditions It may be necessary to attach certain conditions to your business interest before its approval or during the life of the business interest. These conditions must be adhered to as they are imposed to protect the reputation of the Force and / or you. If you disagree with the conditions, you may appeal this as you would if your business interest was rejected. During the appeal, you must still comply with the conditions imposed until such time as a decision about your appeal is made. If you fail to comply with the conditions, this may result in disciplinary proceedings being taken against you.

7 Chapter 5 Approved business interests Recording your working time and driving hours You should keep a record of all the hours worked on your business interest and these records should be made available if requested. Working time You must ensure that your total working hours comply with the SI 1883/1998 Working Time Regulations Driving hours You must ensure that if your role is driving and your other employment is driving, your hours do not exceed the legal obligations and you meet the requirement for rest periods etc. Police staff exemption Police staff while working for the Force are exempt from the Road Transport (Working Time) (Amendment) Regulations 2007, however, if you also drive for a business interest then you must meet EC Drivers hours regulations. Continuing a business interest while sick or suspended Notify when on sick leave If you wish to pursue a business interests or do voluntary work while you are on sick leave, you must declare it to your district or departmental head. This must be done: on the first day of sickness; or at any time where there is a change. Non disclosure of such work while on sick leave may be a disciplinary offence. District or departmental head Your district or departmental head will consider your request and may consult with HR Department. Approved Approval will be given if it is clear that the proposed activity would not impede recovery and your business interest is different from your role. Restricted or recuperative duties If you are on restricted or recuperative duties, consideration may be given to a review of your business interest. This is to ensure that the continuation of the business interest is not a detriment to your well-

8 being and does not impact on your ability to fully perform your role. Monitoring should take place of sickness absence statistics against statistics for people with a business interest. Further evaluation should take place, if appropriate, to assess if the level or causes of sickness absence for employees with a business interest are different from that of other employees. Declined If your district or departmental head declines your request, then you must not pursue your business interest while you are on sick leave. Business interest while suspended If you wish to continue with a business interests or undertake voluntary work while you are suspended, this will be considered by the Deputy Chief Constable (DCC). If you wish to apply for a business interest or undertake voluntary work while you are suspended, you must seek the approval as per the policy. Changed If at any stage your approved business interest changes while you are on sick leave or suspended you must notify the HR Department immediately. You must not start the new business interest without approval from the Business Interests Panel. Chapter 6 Undisclosed, unapproved or declined business interests Police officers and special constables If you have a business interest which you have not disclosed, not had approved or has been considered and deemed to be incompatible with your role, then you are likely to be in breach of: this policy procedure; the Code of Ethics; and/or Police Regulations. Dispensing with your services The Chief Constable may dispense with your services if you do not cease or if you start your business interest after it has been declined. You will be afforded an opportunity to make representations to the Chief Constable before approval to dispense with your services is given.

9 Police staff and volunteers Police staff and volunteers If you have a business interest which has not been disclosed, not had approved or has been considered and deemed to be incompatible with your role then you are likely to be in breach of: this policy procedure; the Code of conduct and the Code of Ethics; or the trust and confidence terms of your contract of employment or volunteer agreement; and be subject to an investigation in accordance with the discipline procedure for police staff. District or departmental heads District or departmental heads dealing with these issues must liaise with their HR officer in all cases that may result in any disciplinary action being taken. All employees Declined If your business interest is declined, you must cease or not start your business interest. Conditions attached If your business interest has conditions attached, you must adhere to these. Any breach of the conditions may invalidate your approval to have your business interest. Right of appeal If your business interest is declined you have the right of appeal. You must cease or not start your business interest while your appeal is considered. If you decide not to appeal then the process will be completed at this point and you must cease or not start your business interest. Flowchart and timescales A flowchart and timescale for this process can be found in the toolkit section.

10 Chapter 7 Changes to your business interest Notification of changes all personnel You must notify the Force of any changes in your business interest in respect of its nature, extent, or otherwise. Any change may have the effect of creating a new business interest. You must notify your HR officer and have the compatibility of your changed business interest assessed. Notification of changes police officers If you become aware that a relative proposes to have or has a business interest as defined in this guidance which: you have not declared; or in your opinion, interferes or could be seen as interfering with the impartial discharge of your duties, then you must notify the HR officer in writing of that interest. Failure to notify changes The Force will consider rescinding approval should you fail to inform your HR officer of any change of circumstances or supply any additional information requested. Admin Last reviewed: January 2015 Scheduled for review: January 2017