Human Resources - Acting and temporary ranks protocol (L120)

1. Summary of changes

1.1 This protocol has been updated in April 2023:

• Paragraph 3.2.4 added. 

2. What this protocol is about

2.1. Kent Police supports the principle of acting and temporary ranks to enable operational policing to remain effective in delivering a service to the public of Kent.

2.2. The purpose of this protocol is to provide guidance to those officers who are approved to undertake acting or temporary ranks in line with Police Regulations and Home Office circulations.

This protocol is not nor is it intended to be contractual. Compliance with this protocol and any governing policy is mandatory.

3. Detail the protocol

3.1. Acting and temporary administration

3.1.1. Kent Police operates an electronic system to support the application of acting and temporary ranks within the force. The electronic system is used to approve, claim and monitor the acting and temporary ranks process via duty planning and line management.

3.2. Criteria for acting ranks

3.2.1. The criteria are clear with regards to the use of acting ranks. Acting ranks should be authorised in the following instances:-

a) there is a clear necessity for a substantive rank to be covered, i.e. temporary absence cannot be accommodated

b) no replacement officers of the same rank can be made available

c) an officer who is suitably qualified to perform acting duties by means of qualifications and/or experience is available

3.2.2. In general, preference will be given to selecting officers who hold the most suitable professional qualifications and anticipate using the experience as a development opportunity towards promotion. However, there may be occasions when other factors such as the specialist nature of the work, combined with the need to provide best quality of service, make it appropriate to appoint a different officer.

3.2.3. Ideally, periods of acting duties should not exceed 56 continuous consecutive days in accordance with PNB advisory circular 08/4.

3.2.4. In line with NPCC guidance, reconfirmed in March 2023, officers deployed operationally in the rank of acting Sergeant are not to perform custody duties. Only a substantively promoted Sergeant or temporary promoted Sergeant having started Step 4 of National Police Promotions Framework (NPPF), can be appointed as a Custody officer.

3.3.    Authorisation 

3.3.1. The following rank specific authority must be applied when authorising individuals for acting duties:

• authority to perform acting deputy chief constable - authority level deputy chief constable/DCO
• authority to perform acting assistant chief constable - authority level deputy chief constable/DCO
• authority to perform acting chief superintendent - authority level assistant chief constable/ACO
• authority to perform acting superintendent - authority level ch/superintendent or police staff employee (PSE) equivalent
• authority to perform acting chief inspector - authority level superintendent or PSE equivalent
• authority to perform acting inspector - authority level chief inspector or PSE equivalent
• authority to perform acting sergeant - authority level inspector or PSE equivalent

3.3.2. It is important to note that if authority is given in accordance with Section 107 of The Police and Criminal Evidence Act 1984 as amended by Section 44 and Paragraph 35 of Schedule 5 to The Police and Magistrates Courts Act 1994 - then the officer granting authority must be of at least the rank of superintendent or one rank above the acting rank required. Where there is a legal requirement to hold a particular rank then the authorisation must be at least superintendent or above.

3.3.3. When a line manager identifies the potential requirement for an officer to undertake acting duties, they should discuss this with the officer concerned and the authorising officer. The authorising officer will be rank specific depending on the acting rank required (as outlined above).

3.3.4. The authorisation will ask for the time period of which the continuous acting is required (a maximum of 56 days) and if PACE powers are required then the authoriser must be at least superintendent rank.

3.3.5. It is recognised that some individuals will act on an 'ad-hoc' basis as opposed to a continuous period and therefore approval may be required for longer than 56 days to enable advanced ad-hoc planning. If this is the case then the HR Resource Planning team must be notified with the rationale on a Nomination to Act form. Consideration will be given for the officer to remain in the pool of acting officers for up to 12 months.

3.3.6. It is also recognised that in exceptional circumstances some officers may undertake acting duties beyond a continuous 56 day (including rest days) period. If these exceptional circumstances occur then an email should be sent to the HR Resource Planning team who will seek approval from the head of Resourcing prior to an officer undertaking the additional duties, which may lead to temporary salary allowance, or temporary promotion, as described in section 3.5.

3.3.7 Acting duty is additionally recorded onto SAP by the force resource unit for duty planned officers or, if officers are non-duty planned, the officer will need to notify HR Resource planning of the dates on which acting acting duty was performed. 

3.4. Payment
3.4.1. An officer who is authorised to carry out duties of a higher rank either in an acting or temporary capacity will qualify for payment in accordance with Police Regulations.

3.4.2. Officers will need to book their working times on the SAP system via SAP Fiori to enable the automated process.

3.4.3. An officer will have to perform the duties, normally performed by a member of the force of a higher rank than their own, for ten complete days (in the case of officers on variable shift arrangements, qualifying shifts amounting in total to 80 hours) in a 12-month period, before they can receive acting salary.

3.4.4. The period of 12 months begins on 1 April each year.

3.4.5. Officers are then required to check the claim for acting duties screen in SAP Fiori, confirm their acting duties and submit. This action will then transfer the payments automatically to Payroll. Officers are required to claim their acting within two months of the duty being completed. Payment for any acting duties will only be paid where the claim has been made within two months of the acting duty taking place. Officers should ensure that any claim is submitted within this period to receive payment.

3.5. Temporary promotion   

3.5.1. The responsibility for granting a temporary promotion is delegated to the Head of Resourcing at an operational level.

3.5.2. Requests to temporarily promote an officer should be made to the Head of Resourcing. Considerations for temporary promotion include:

• operational necessity
• sickness/absence
• whether a vacancy exists
• if the individual has exceeded the 56 day acting period (including rest days)

3.5.3. When an extended temporary role is available (i.e. more than six months duration), it should be advertised in accordance with force policy and a competitive selection process undertaken, unless there is an over-riding organisational need to progress without such a process (i.e. specialist operation). In such cases the matter should be referred to the Head of Resourcing who, in consultation with the Director of HR, will make a determination regarding the case. The decision making process will be fully logged and a rationale recorded.

3.5.4. Temporary promotions to sergeant and inspector ranks will require either the OSPRE part 2 qualification or the former examination as per the Police (Promotion) Regulations 1996.

3.5.5 Officers with only NPPF step 2 or OSPRE part 1 cannot be temporarily promoted, however, they will be considered for temporary salary allowance (TSA) where they have performed greater than 56 continuous days acting. 

3.5.6 Officers selected to undertake a temporary role must sit within the required succession grading of either ‘ready now (for promotion)’ or ‘potential in one to two years’. In exceptional circumstances, officers may be considered who sit outside these gradings, a rationale outlining the reason for selection despite not meeting the succession grading criteria must be included in the request to HR Resource Planning and the final decision resides with the Head of Resourcing.

3.5.7 Consideration should be given to any professional standards related issues that may affect an officer undertaking temporary duties. HR Resource Planning will ensure all temporary promotion/temporary salary requests are cleared through Professional Standards Department before authorising.

3.5.8. An officer substantively promoted from a temporary sergeant position, where this is continuous in nature will still be required to complete a full 12 month probationary period for the rank of sergeant, in line with the National Policing Promotion Framework.

3.5.9. Any previous service at a temporary rank will be considered for substantive promotion length of service in line with PNB Circular 2012/1.

3.5.10. For acting and temporary appointments, the insignia of the acting or temporary rank will be worn.

4. Equality impact assessment (EIA)

4.1. This protocol has been assessed with regard to its impact on equality. As a result of this assessment the protocol has been graded as having a low potential impact.

5. Risk assessment

5.1. There is no specific risk assessment of health and safety consideration thought relevant to the content of this protocol.

5.2. Officers and members of police staff engaged within the process must remain aware that they must follow the protocol correctly otherwise the risk to the organisation of a possible employment tribunal could be raised. A failure to fully adopt the principles set out in this protocol could have a detrimental effect upon the reputation of the organisation.

6. Consultation

6.1. No content of this protocol has been altered, hence no consultation is necessary.

7. Monitoring and review

7.1. Monitoring will be undertaken by the head of resourcing every two years.

8. Governing force policy. Related force policies/protocols/linked operating procedures

8.1. This HR protocol supports the overarching HR Policy L1.

9. Data security

9.1. Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy W1000 Policy - Information Management.

10. Retention and disposal of records

10.1. Essex Police and Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy W 1012 Procedure/SOP - Records Review, Retention and Disposal.

10.2. We will only hold data for as long as necessary for the purposes for which we collected.