Freedom of Information Act Publication Scheme Protective Marking Not Protectively Marked Publication Scheme Y/N Y Title Annual Leave and Public/Bank Holiday Leave for Police Staff (Policy & Standard Operating Procedures (SOP)) Version 1 Summary This Policy & SOP is about the provision of Annual Leave as a benefit of employment in the MPS in respect of Police Staff. It also covers the provision of Bank/Public Holiday Leave. The impact of the Working Time Regulations on Annual Leave entitlements is also explained. (B)OCU or Unit, Directorate Employee Relations Unit Review Date October 2011 Date Issued October 2008
Equality Impact Assessment The Equality Impact Assessment Guidance must be used when completing this form: Freedom of Information Act Document Protective Marking: Not Protectively Marked Publication (Y/N): Y Title: Annual Leave and Public/Bank Holiday Leave for Police Staff (Policy & Standard Operating Procedures (SOP)) Summary: This Policy & SOP is about the provision of Annual Leave as a benefit of employment in the MPS in respect of Police Staff. It also covers the provision of Bank/Public Holiday Leave. The impact of the Working Time Regulations on Annual Leave entitlements is also explained. Branch / OCU: Employee Relations Unit Date created: October 2008 Review date: October 2011 Version: 1 Author: Employee Relations Unit, HR Services. Directorate/Department/Borough/OCU: Employee Relations Unit, Human Resources Directorate Name, type or title of proposal (If a corporate policy, a policy workbook must also be completed): Annual Leave and Public/Bank Holiday Leave for Police Staff (Policy & Standard Operating Procedures (SOP)). 1. Aims and Purpose of Proposal - see Step 1 of the Guidance The purpose of the Policy and SOP is to outline the provision of Annual Leave as a benefit of employment in the MPS in respect of police staff. It also covers the provision of Bank/Public Holiday Leave. The impact of the Working Time Regulations on leave entitlement is also explained. The SOP also covers the impact of various forms of unpaid service, part-time working and variable shifts on leave entitlements and clarifies the impact of legislation on the rights of police staff. It also provides advice to local management in terms of the appropriate management and monitoring of leave absence in the form of annual and Public/Bank Holiday leave. It also deals with the right to payment for annual leave upon termination of employment and leave issues around re-engagement. The Policy and SOP will be implemented by publication in Notices, the Corporate Policy Database, and will be hyperlinked to the Ask HR site. An advance copy (once approved) will be e-mailed to HR Managers. The key stakeholders are all police staff, their line managers, local and corporate HR, Duties Offices and any individuals involved in resource planning.
2. Examination of Available Information see Step 2 of the Guidance. The Civil Staff Personnel Manual (CSPM) is being de-commissioned and replaced by SOPs/guidance held on the intranet (Corporate Policy Database and hyperlinked to the Ask HR site). As a result of this there was a need to update the information held in the CSPM about leave, re-publish it and consider the implications of legislation on entitlements to annual & Public/Bank Holiday Leave. Originally, this SOP appeared under the Work-Life Balance Overarching Policy Statement, and consultation was done by that policy lead. The EIA for that group indicates that consultation was undertaken across the MPS with Business Managers, Senior HR Managers, the Police Federation, the Trade Unions, Superintendent s Association, Metropolitan Police Authority, Health & Safety, Employment Tribunal Unit, Pay & Benefits Unit, Diversity Advisor HR Directorate, Practice Support Team - HR Directorate, Staff Associations, Diversity and Citizen Focus Directorate, and the Directorate of Legal Services. Consultation was undertaken by e-mail. 3. Consultation/Involvement - see Step 3 of the Guidance a. Who is responsible for managing this consultation/involvement? Originally, this SOP was part of the Work-Life Balance group of SOPs and under that overarching policy statement. Consultation was, therefore originally undertaken by the Work- Life Balance Team in HR Directorate. As a result of the consultation, the police staff Trade Unions pressed for the Annual Leave SOP to be a Policy and SOP in its own right. This was accepted and this SOP now sits alone with its own Policy Statement. Subsequent comments, received from the Trade Unions, have been considered by the Employee Relations Unit, and are discussed further in this document. b. Why is this consultation/involvement taking place? The Civil Staff Personnel Manual (CSPM) is being de-commissioned. As a result, there is a need to update the guidance held there, re-publish it on the intranet and consider the impact of legislation on this particular area of employment. c. Who is included within the consultation/involvement, including which group(s)? Consider beneficiaries, stakeholders, service users or providers and those who may be affected. Business Managers Senior HR Managers HR Managers Police Federation Superintendents Association Trade Unions Metropolitan Police Authority Health & Safety Employment Tribunal Unit Staff Support Associations Diversity and Citizen Focus Directorate Strand Leads Directorate of Legal Services Employee Relations Unit critical readers HR Pay and Benefits Unit Diversity Advisor HR Practice Support Team HR Directorate In addition to the above, the SOP was tailored around frequently asked questions posed by local line managers, Duties Offices, HR Units and the HR Live Forum.
d. What methods of consultation/involvement are employed to ensure full information sharing and participation, e.g. surveys, interviews, community meetings? The consultation for this particular SOP was carried out by e-mail. e. What are the results of the consultation/involvement? How are these fed back into the process? Comments were received from the Trade Unions, Practice Support Team, Pay & Benefits Unit, Employee Relations Unit, Health & Safety, and the Directorate of Legal Services. SPECIFIC POINTS The Trade Unions did not want the Annual Leave SOP included in the Work-Life Balance group of SOPs, therefore it was agreed it would be a stand-alone SOP and Policy Statement. They also suggested clarity was needed in respect of part-time staff working some hours every day. This was also addressed. The SOP was also cross-referenced with the Attendance Management SOP, which covers leave during periods of sickness. Suggestions were also made in respect of the carry-over of leave, which were not accepted due to the implications for the Working Time Regulations and the need for consistency across all groups of police staff. However, a certain amount of discretion on the part of line managers has been permitted, which should balance the needs of the Service, the individual and the legislation. The Directorate of Legal Services viewed the draft on a number of occasions. They advised on the rights around leave during unpaid service, claiming leave increases from earlier periods, and the impact of the Working Time Regulations on the entitlement to annual leave. They also considered the draft in light of key European Court decisions in the cases of Stringer (leave during sickness) and Schulz Hoff (leave upon return from sick leave). Their comments were incorporated into the draft along with other minor points, for additional clarity. The HR Pay & Benefits Unit approved the draft and, in particular, influenced the content in relation to the carry over of leave and payment for unused leave (which is to be allowed upon termination of service only). They also advised on particular arrangements pertaining to Drivers and Catering Staff, which have been reflected in the draft. The HR Practice Support Team confirmed that the content of the SOP was correct in respect of annual leave for staff suspended from duty. The Diversity and Citizen Focus Directorate made a number of typographical and style suggestions as part of their Equality Impact Assessment. These were all incorporated with the exception of the suggestion that the SOP should include advice about what compensation may be available if police staff leave is cancelled (in terms of holiday costs). This matter was referred to the Pay and Benefits Unit who confirmed that there had been no such cases in the last 20 years and therefore it was not a matter that needed to be covered in the SOP. Were this to happen, it would be considered on an individual basis. 4. Screening Process for relevance to Diversity or Equality issues - see Step 4 of the Guidance (i) Will the proposal have significantly higher impact on a particular group, community or person the MPS serves or employs? Explain: No, the consultation has not revealed a higher impact on a particular group of staff. (ii) Will any part of the proposal be directly or indirectly discriminatory?
Explain: No, there is no evidence of discrimination. The SOP will be reviewed in the light of future developments in law particularly those emanating from the European Court. (iii) Is the proposal likely to negatively affect equality of opportunity? Explain: No impact has been notified as a result of consultation. (iv) Is the proposal likely to adversely affect relations between any particular groups or between the MPS and those groups? Explain: No impact has been notified as a result of consultation (v) Are there any other community concerns, opportunities or risks to communities arising from the proposal? Explain: No impact has been notified as a result of consultation (vi) Is the proposal likely to harm positive attitudes towards others and discourage their participation in public life? Explain: No impact has been notified as a result of consultation (vii) Is the proposal a major one in terms of scale or significance? Explain: Annual Leave is a right provided by contracts of employment and internal policy. It is impacted by legislation in particular the Working Time Regulations. Overall it contributes to Health & Safety by supporting a worker s right to rest. The SOP supports this agenda. The Policy and SOP do not impact significantly on Human Rights. However, in respect of police staff, who do not take leave or who have requests for leave denied over a long period, there could be an impact on their health and safety and private and family life. The Policy and SOP is aimed at members of police staff. It will assist in protecting their health & safety by balancing working hours with leisure time and support their right to a private and family life. Being fit to perform their role will directly affect their ability to serve the Public and support MPS priorities, values and behaviours. Line managers of police staff will be supporting the health and safety of their workforce by ensuring that rest is taken. This will help ensure that the resources they manage are fit for their role and working to the best of their abilities, which will directly affect the service received by the public and will support MPS priorities, values and behaviours. This will protect the right to liberty and security and the protection of property for the citizens of London. HR Managers and all personnel working in the HR environment will be supporting the health and safety of their workforce by ensuring that rest is taken, as provided by contractual leave entitlements. This will ensure that the resources they assist with managing are fit for their role and working to the best of their abilities, which will directly affect the service received by the public and will support MPS priorities, values and behaviours. This will protect the right to liberty and security and the protection of property. For those personnel involved in resource management, including duties planning, this SOP will assist with ensuring that the resources available are fit for their role and working to the best of their abilities, which will directly affect the service received by the public and will support MPS priorities, values and behaviours. This will protect the right to liberty and security and the
protection of property. From the answers supplied, you must decide if the proposal impacts upon diversity or equality issues. If yes, a full impact assessment is required. If no, complete the following box and enter a review date at the end of the form. Full Impact Assessment Required: Yes (see further below) (delete as applicable) 5. Full Impact Assessment see Step 5 of the Guidance a) Explain the likely differential impact (whether intended or unintended, positive or negative) of the proposal on individual service users or citizens on account of: Age: older people, children and young people. Disability in line with the Social Model. Faith, religion or belief: those with a recognised belief system or no belief. Gender or marital status: women and men. Race, ethnicity, colour, nationality or national origins. Sexual orientation, transgender or transsexual issues. Other issues, e.g. public transportation users, homeless people, asylum seekers, the economically disadvantaged, or other community groups not covered above. b) Is the proposal directly or indirectly discriminatory? Is there a genuine occupational requirement? Details: No discrimination has been notified. However, comment has been inserted above in terms of the Human Rights impact. c) Explain how the proposal is intended to increase equality of opportunity by permitting positive action.
d) Explain how the proposal is likely to promote good relations between different groups. However, comment has been inserted above in respect of the Human Rights impact. e) Explain how the proposal is likely to promote positive attitudes towards others and encourage their participation in public life. However, comment has been inserted above in respect of the Human Rights impact. f) Explain how the proposal enables decisions and practices to adequately reflect the service users perspective. Details: The SOP recognises the worker s right to request leave and balances this with the operational and business needs of the Service. Comment has been inserted above in respect of the Human Rights impact. 6. Modifications see Step 6 of the Guidance Could the proposal be modified to reduce or eliminate any identified negative impacts, or create or increase positive impacts? What improvements have been made? There is no identified negative impact. There is no need to amend the SOP further at this stage. The HR Directorate will continue to monitor legal developments and any internal changes as a result of organisational change. 7. Further Research - see Step 7 of the Guidance Given the analysis so far, what additional research or consultation is required to investigate the impacts of the proposal on the diversity strands? None. 8. Decision-making - see Step 8 of the Guidance b. What is the Decision? Reject the proposal Introduce the proposal Amend the proposal (an impact assessment should be made of any amendments) No Yes No 9. Monitoring - see Step 9 of the Guidance a. How will the implementation of the proposal be monitored and by whom? Leave entitlements will be monitored locally. The HR Directorate will continue to monitor legal and organisational developments that may impact on the SOP. Individuals, Line managers and Trade Unions will continue to raise issues of concern and, where possible, these will be reflected in future changes.
b. How will the results of monitoring be used to develop this proposal and its practices? This will depend upon future developments within the Service and legislation (both European and domestic). c. What is the timetable for monitoring, with dates? Not applicable. The SOP will be kept under continual review as described above and will be reviewed in 3 years time under its normal review process. 10. Public Availability of Report/Results - see Step 10 of the Guidance What are the arrangements for publishing, where and by whom? Publication of the Policy and SOP will be arranged by the Strategy Unit on the MPS Publication Scheme. The documents will appear on the Corporate Policy Database and be hyperlinked to the Ask HR site. In addition, the Policy and SOP will also be published in Notices. An advance copy (once approved) will be e-mailed to HR Managers. Date Review Due: October 2011 Retention period: 7 years MP 746/07