Human Resources - Acting up arrangements: police staff protocol (L140)

1.0 Summary of Changes

1.1 The following amendments have been made to this protocol in September 2024 - paragraph 3.1.1 has been amended. 

2.0 What this Protocol is about

2.1 This protocol applies to all police staff within both Essex Police and Kent Police and sets out the rules applicable when police staff undertake the duties and responsibilities of a higher graded post.

2.2 There must be a specific reason that requires an employee to undertake acting-up duties. Such reasons may include:

• To cover a vacant post;
• Long-term sickness (over 28 days);
• Long training/development courses (of one month’s duration or more);
• The absence of an employee on a higher graded post is such that their work cannot reasonably be absorbed within normal working practices and there is a need for their duties to be undertaken by a person on a lower grade;
• There is no deputy whose contractual role includes acting-up.

2.3 Under normal circumstances acting-up for the following reasons will not be permitted:

• To cover annual leave;
• To cover short-term sickness (under 28 days);
• To cover an employee’s absence on a short-term training course;
• Where it is the normal part of a post holders duty to provide cover.

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

3.0 Detail the Protocol

3.1 Payments for Acting Up

3.1.1 Staff required to undertake the full duties and responsibilities of a higher graded/scale post will be paid as if they had been promoted to that post.  Once the qualifying criteria relevant to the home Force have been fulfilled, payment will be made at the higher rate for all subsequent periods of “acting up” during the same financial year.  Divisional/LPA Commanders/Heads of Department have personal authority to authorise payments in consultation, where appropriate, with Human Resources. Where authority has been delegated to an appropriate manager this must be noted on the form and must be at least at Chief Inspector rank or PSE grade G / PO4.

Essex only - please note, in line with PSC, acting up does not affect allowances other than overtime or additional travel expenses.  Please refer to PSC for details. 

3.1.1.1 Qualifying Criteria – Kent Police

3.1.1.1.1 No payment will be made until the member of staff has worked at the higher level for a total of 74 hours each financial year (pro rota for part time). The hours do not have to be consecutive.

3.1.1.2 Qualifying Criteria – Essex Police

3.1.1.2.1 No payment will be made until the member of staff has worked at the higher level for a total of 74 hours each financial year (pro rota for part time). The hours do not have to be consecutive however, the member of staff will be required to undertake the full duties and responsibilities of a higher graded post. An employee whose acting up period ceases before the threshold and then starts another continuous period of acting up within the same financial year should have these periods aggregated. Payment will then be made at that higher grade with retrospective effect from the first day of undertaking such duties. For part time staff a working day is determined by their normal contractual hours. The higher salary shall not be payable during periods of leave or sickness of the employee who is acting up.

3.1.2 Individuals acting up will be paid at the bottom point of the grade/scale into which they are acting. In overlapping grades/scales they will be paid at one salary point higher than their substantive pay.

3.1.3 Individuals working overtime whilst receiving the higher graded salary will be recompensed in line with the prevailing overtime policy of the home Force.

3.1.4 Where an individual is required to undertake duties in the acting post that requires them to travel, these travelling expenses will be reimbursed in accordance with the prevailing policy of the home Force.

3.1.5 Claim forms for payment will be submitted each calendar month (subject to point 3.2):

• Kent and Essex form Pay9 - Temporary Salary Allowance

3.1.6 Each potential acting-up situation should be considered by management on its own merits, having regard to equality of opportunity. When selecting staff for acting up, consideration will be given to experience of undertaking the responsibilities and tasks involved and any other relevant qualification/criteria. Where there is more than one person qualified to undertake acting duties, managers should ensure that opportunities are shared or that there is mutual resolution of the requirement.

3.2 Temporary Promotion

3.2.1 An employee required to undertake the full duties and responsibilities of a higher graded post over an extended period of 3 months or more should be temporarily promoted to that higher grade. The terms of the temporary promotion should be set out as an amendment to the permanent contract of employment and SAP updated via the Business Centre in each Force.

3.3 Honoraria

3.3.1 Staff who are undertaking at least 50% of the duties and responsibilities of a higher grade/scale post may be paid an honorarium based upon the percentage of the higher grade/scale job that they undertake and the period this lasts. The policy regarding the payment of honoraria will apply. For further guidance refer to L 11020 Protocol – Reward and Recognition.

4.0 Equality Impact Assessment

4.1 An Equality Impact Assessment has been carried out and shows the proposals in this protocol would have no potential or actual differential impact on grounds of age, sex, disability, race, religion or belief, marriage and civil partnership, sexual orientation, gender reassignment and pregnancy and maternity.

5.0 Risk Assessment

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

6.0 Consultation

6.1 The following have been consulted during the formulation of this document:

• Unison – Essex Police and Kent Police;
• Equality and Diversity;
• Human Resources

7.0 Monitoring and Review

7.1 This protocol will be reviewed by, or on behalf of, the Head of HR every 2 years to ensure it remains up-to-date with current legislation and is fit for purpose.

8.0 Governing force policy

Related force policies or related procedures (Essex) / linked standard operating procedures (Kent)
8.1 This HR protocol supports the overarching HR policy L1.

8.2 Data Security

8.2.1 Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.3 Retention & Disposal of Records

8.3.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

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

9.0 Other source documents, e.g. legislation, Authorised Professional
Practice (APP), Force forms, partnership agreements (if applicable)

• Form Pay9 Temporary Salary Allowance