STATEMENT OF PARTICULARS OF TERMS AND CONDITIONS OF A CONTRACT OF EMPLOYMENT
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1 STATEMENT OF PARTICULARS OF TERMS AND CONDITIONS OF A CONTRACT OF EMPLOYMENT This statement is issued in accordance with the requirements of the Employment Rights Act NAME OF EMPLOYER: NAME OF EMPLOYEE: Police and Crime Commissioner for Merseyside Ann Marie O Byrne DATE COMMENCED EMPLOYMENT WITH POLICE AND CRIME COMMISSIONER: DATE COMMENCED THIS POST: JOB TITLE: GRADE: Deputy Police & Crime Commissioner N/A Your appointment is Fixed Term Contract which will end no later than 4 th May Duties - You will be appointed/employed (pursuant to section 18 of the 2011 Act) as the Deputy Police & Crime Commissioner for Merseyside in which capacity you will be required to perform the duties consistent with your position. Your duties will include but will not be limited to those duties described in the relevant role profile and contained in the Scheme of Corporate Governance. (Our Scheme of Corporate Governance is available on the OPCC website) 1. CONTINUOUS EMPLOYMENT Your period of continuous service for the purposes of contractual rights set out in collective agreements referred to below commenced on This does not apply if you are made redundant when continuous periods of service with local authorities and certain other specific employers may be aggregated with service with this employment for the calculation of a redundancy payment in accordance with the relevant Redundancy Payment Modification Order. Amended April
2 2. PLACE OF WORK Your normal place of work is Office of Police Commissioner Merseyside Allerton Road Police Station. In the event that you are required to work at other locations throughout Merseyside arrangements for the flexibility of location are contained in the Local Terms and Conditions of Service. The address of your employer is: 3. SALARY AND ALLOWANCES Office Police and Crime Commissioner Allerton Road Police Station Rose Lane L18 5ED (i) (ii) Your salary is 31,800 a year. You will be paid monthly by credit transfer (iii) Additional hours (overtime) is not payable (iv) Deductions In accordance with the provision of the Employment Rights Act 1996, you hereby authorise the Police and Crime Commissioner for Merseyside to deduct from your salary any sums due from you including any overpayments, loans, advances or statutory deductions in accordance with the Recovery of Salary Overpayments Procedures. (v) Expenses You will be reimbursed for expenses incurred in business travel to locations other than your usual place of work in accordance with the scheme determined under Schedule 1 of the 2011 Act by the Home Secretary in relation to Police & Crime Commissioners. 4. HOURS OF WORK Your working week is 21.9 hours 3 days per week between Monday & Friday days are determined based on requirements and demands of role. Amended April
3 5. ANNUAL LEAVE General The leave year runs from 1 st April 31 st March. Leave entitlements are inclusive of public holidays. If your role does not require you to work on a public holiday, you will continue to be off on that day and this will be deducted from your leave entitlement. Flexible Working Job Share, Part-Time, Term Time Your leave entitlement inclusive of public holidays will be calculated prorata to comparable full-time employees, in accordance with the Police Staff Council Handbook and the Force Home Work Life Balance Policy. Your annual leave entitlement will be 14 days (pro rata) per annum. Your annual leave pro-rata to the end of the year will be 13 days. Your entitlement to the calculated pro-rota public holiday allocation may result in a credit or deficit of time. This is dependent upon your working pattern and any calculated deficit will require you to make suitable arrangements to make up any shortfall in respect of time owed. Up to 5 days may be carried forward from one leave year to the following. No payment will be made for leave not taken except on dismissal from employment. On leaving this employment your leave entitlement will be calculated in accordance with the formula contained within the Working Time Regulations (Regulation 14(3)(b)) rounded up to the nearest half day. Any accrued leave will be taken before the final date of resignation. Any leave taken above that accrued will lead to an equivalent deduction from final pay. Any overpayments made will be recovered in accordance with the Recovery of Salary Overpayment Procedures.You will continue to be off on public holidays providing your role does not require you to work on those days and it will be deducted from your leave entitlement. 6. NOTICE The minimum period of notice to which you are entitled to receive from the Police and Crime Commissioner for Merseyside is 1 Month In the event that Statutory notice periods as outlined below are greater, they shall apply. Amended April
4 Period of Continuous Employment Four weeks or more, but less than two years Two years or more, but less than twelve years. Minimum Notice 1 week. 1 week for each year of continuous employment. Twelve years or more. Not less than 12 weeks. The minimum period of notice of termination of your employment which you are required to give the Police and Crime Commissioner for Merseyside is as follows is 1 Month. 7. COLLECTIVE AGREEMENTS Your terms and conditions of employment are covered by existing collective agreements negotiated and agreed with one or more Trade Unions recognised for collective bargaining purposes by this Commission in respect of the employment group to which you belong. These agreements are embodied in The Police Staff Council Handbook and supplemented by the Local Conditions of Service adopted by the Police and Crime Commissioner, as well as in other documents all of which are available to you at your place of work or from your Chief Executive. From time to time variations in your terms and conditions of employment will result from negotiations with the specified union(s) and these will be notified to you or otherwise incorporated in the documents to which you may refer within one month of the change. There are several signatories to The Police Staff Council Handbook and this includes the Association of Chief Police Officers (of England & Wales); The Association of Police Authorities; The Home Office; UNISON and GMB. 8. SICKNESS SCHEME You shall be entitled to sick pay in accordance to the following in respect of absence from work due to sickness, disease or disablement: During 1 st Year of Service During 2 nd Year 1 month s full pay and (after 4 months service) 2 months half pay. 2 months full pay and Amended April
5 of Service During 3 rd Year of Service During 4 th and 5 th Years of Service 2 months half pay. 4 months full pay and 4 months half pay. 5 months full pay and 5 months half pay. After 5 Years Service 6 months full pay and 6 months half pay. 9. PENSION AND RETIREMENT Your position with regard to pension is set out in the Local Government Pension Fund s Employee s Guide. A copy is available from the HR Payroll and Pensions Liaison Officer, Personnel, Police Headquarters. You are entitled to join the Local Government Pension Scheme, subject to terms and conditions from time to time in the Force. You will be entered into this scheme automatically unless you tell us that you do not wish to join the Pension Scheme. If this is the case, you must notify us on completion of the appropriate form. An information booklet will be provided to you in your induction pack. 10. FAIRNESS AT WORK (GRIEVANCE) POLICY AND PROCEDURE Day to day problems should be discussed first with your supervisor in an effort to find a resolution. The Fairness at Work (Grievance) Policy and Procedure should be used for issues within the work place. It should be invoked only after normal and healthy dialogue has failed to resolve the issue. The Fairness at Work (Grievance) Procedure is published on the Force Intranet and advice on its application can be obtained via the HR Helpdesk. 11. DISCIPLINARY / CAPABILITY MATTERS You are subjected to the Elected Local Policing Bodies (Complaints and Misconduct) Regulations TRADE UNION MEMBERSHIP The Police & Crime Commissioner, as your Employer, supports the system of collective bargaining in every way and believes in the principle of solving industrial relations problems by discussion and agreement. For practical purposes, this can only be conducted by representatives of Amended April
6 the employers and of the employees. If collective bargaining of this kind is to continue and improve for the benefit of both, it is essential that the employees organisations should be fully representative. Your Police & Crime Commissioner is associated with other Police and Crime Commissioners represented on the national council dealing with Staff. It is equally sensible for you, too, to be in membership of a Trade Union representing you on the appropriate negotiating body and you are encouraged to do so. 13. EXCLUSIVITY OF SERVICE You must not subordinate your employment to your private interests or put yourself in a position where your employment and private interests conflict. Members of staff are permitted to undertake additional employment where this does not conflict with the interest of the police service or adversely affect their performance. The provisions of the Working Time Regulations should also be adhered to. Grade F Staff and above. Regardless of whether you are employed on a full time or part time basis, you are required to seek approval from your Chief Executive for any employment or engagement which you intend to undertake whilst in the employment of the Police and Crime Commissioner for Merseyside in accordance with the Local Conditions of Service for Police Staff. 14. RIGHTS OF PREGNANT EMPLOYEES & ASSOCIATED ENTITLEMENTS Details of maternity entitlements can be obtained via the HR Helpdesk and guidance is also available on the Force Intranet. Associated entitlements for Maternity Support / Paternity Leave are also available on the Force Intranet. 15. OTHER CONDITIONS Official Secrets Act 1989 Both during and after employment with the Police and Crime Commissioner for Merseyside you will be subject to the provisions of the Official Secrets Act This Act creates various offences concerned with the unlawful disclosure of various classes of information which is, or has been, in the possession of any employee by virtue of their post and includes information relating to security or intelligence or likely to result in the commission of an offence or likely to impede the prevention or detection of offences. Amended April
7 Interception of Internal Communications Your work within Police & Crime Commissioner s Office requires you to deal with a wide variety of sensitive information. All staff are expected to maintain high professional and ethical standards. To assist in ensuring that we maintain the highest standards, with appropriate authority your telephone conversations, faxes, transmissions and any electronic communication equipment may be recorded or monitored while you are using the Police & Crime Commissioner s facilities, therefore your conversations and communications should not be considered private. The Data Protection Act 1998 The Data Protection Act 1998 attempts to maintain a balance between the rights of individuals and the ability of others to process information about them. The Act applies to the processing of personal information, in its widest sense, and regulates the use of all information from which a living individual can be identified, i.e. personal information only. The Force Data Protection Manual includes rules and general guidance for the operation of Information Systems within the Office of the Police & Crime Commissioner/Force and defines the procedures to be followed by Staff concerning the obtaining, using, disclosing, security and general handling of information. These are available on the Force Intranet. A summary of your Data Protection and Information Security responsibilities can be obtained from the Force Intranet. It is for each individual employee to make sure that the requirements of the Data Protection Act 1998 are complied with. Further advice regarding the Data Protection Act can be obtained from the Information Bureau. Detailed provisions for Information Security are contained in the Force Information Security Policy and individual Systems Security Policies. Further information and advice regarding information security can be obtained from the Information Bureau. Driving Licence You are required to hold a valid current driving licence. You may be required to use your own vehicle for duty purposes. In this event it must be insured for business use and a casual user car allowance will be payable. You are required to inform your Line Manager of any motoring or other offences. Amended April
8 Court Convictions You are required to inform your Line Manager of any court appearances as a defendant and the outcome. Alcohol /Substance Misuse You have a general responsibility to present yourself fit for duty. If your judgement were impaired by the consumption of alcohol or the misuse of drugs, you would be unlikely to be fit for duty. Where there is reasonable suspicion of substance misuse the Police & Crime Commissioner has the power to conduct a test with cause Testing undertaken in these circumstances by independent external laboratory analysis may either prove or disprove the use of substance misuse, however, there may be other reasons for the result, which may be subject to further investigation. The introduction of testing will be accompanied by a commitment, from the Occupational Health Unit, to you, should you declare, in confidence, a substance misuse problem. If you fail to comply with your Contract of Employment in circumstances when it is deemed appropriate to undertake a drug test, the refusal will be dealt with as a disciplinary matter in accordance with the Elected Local Policing Bodies (Complaints and Misconduct) Regulations Should you misuse controlled drugs you may be at risk of disciplinary proceedings, which could lead to dismissal. You can access the Substance Misuse Policy on the Force Intranet. Dress and Appearance A dress and appearance policy, as published on the Force Intranet, applies to all staff. Standards of Professional Behaviour The Commissioner expects high standards of performance and conduct. You are expected to comply with the provisions of all applicable Codes of Conduct, policies and procedures, and the Scheme of Corporate Governance in this regard. Because of the nature (and legal basis) of your appointment as the Deputy Police and Crime Commissioner and in the context of the duties which you are likely to be required by the Commissioner to carry out, the principles of the Cabinet Office Code of Amended April
9 Conduct for Special Advisers shall, where relevant, and the context permits, apply (with necessary modifications eg for Minister / Government read Commissioner, for permanent civil service/civil servants read staff of the Office of the Police and Crime Commissioner, for the Department read Office of the Police and Crime Commissioner, for Party read Commissioner s political party ). Amended April
10 MERSEYSIDE POLICE STATEMENT OF PARTICULARS OF EMPLOYMENT I hereby accept and acknowledge receipt of my Statement of Particulars of Employment. Signed: Name: (In capitals) Employee Number: Location: Date: Please return a signed copy to HR Shared Services, People Development, 2 nd Floor, Police Headquarters and retain a copy for your own reference. Amended April
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