Human Resources - Secondment out of the force protocol (L11080)

1. Summary of changes

1.1. This protocol has been reviewed in July 2021 – minor amendments have been made to sections 3.1, 3.4.2, 3.4.3, 3.10.2, 3.10.4, 3.15.4, 3.15.5 and 3.16.3.

2. What this protocol is about

2.1. This protocol provides guidance on secondment opportunities for individuals working for Kent Police.

This protocol is not nor is it intended to be contractual.

3. Detail the protocol

3.1.  A secondment is an opportunity for an individual working for Kent Police (police officer or police staff) to be deployed temporarily to another organisation (the host), for a fixed period, when such an opportunity: 

• has demonstrable benefit for the development of the individual
• has an equally demonstrable benefit for Kent Police
• is in accordance with organisational priorities and does not adversely impact upon service delivery

3.2. A secondment is not a career break.

3.3. This protocol applies equally to all who work permanently for Kent Police, irrespective of grade, role, position or rank, who fit the eligibility criteria defined in section 3.7 below.

3.4. Applications 

3.4.1. Any secondment must be:

• for a defined period of time
• approved/ ratified by a chief officer or the director of human resources
• of clear and measurable benefit to Kent Police
• of benefit to the personal and professional development of the staff member or police officer

3.4.2. A secondment will normally be advertised within force, in such cases a senior member of HR will have agreed in principle to the secondment being advertised. In some cases, agreements regarding secondments are in place. The outline for the levels of agreement, for in-force advertising, where in place must be followed.

3.4.3. In normal circumstances the individual will be expected to apply for the position with the host. If successful, agreement to support release on secondment will be given on a case-by-case basis by the Director of Human Resources or delegated senior authority. In some cases, specific agreements are in place for approving the release of officers or staff for secondment. Where in place, these must be followed.

3.4.4. In instances where the secondment has not been advertised within force, the individual must first approach the HR resource planning, who will then seek authorisation for the secondment to progress.

3.4.5. Any extensions will be agreed on a case-by-case basis and at the full discretion of the director of human resources. Applications to extend should be initially sent to the HR Resource Planning who will progress.

3.4.6. A contract for the secondment will be drawn up, agreed and signed by Kent Police and the host before the secondment is permitted. Sufficient time should be allowed for Human Resources to carry out this process. Further details are provided at section 3.10 below:

3.5. Benefits to Kent Police 

3.5.1. Secondments away from Kent Police will:

• provide unique development opportunities with clear potential for individuals to attain skills or knowledge of significant benefit to the force
• help to retain good staff that are an expensive and valuable resource, therefore enabling the force to see a return on its investment in them
• enable the individual to develop new skills, broaden their outlook, encouraging fresh ideas, initiative and an innovative approach and/or shape strategies, policy or legislation which will benefit the force
• encourage loyalty and commitment from staff. Reduce initial training costs through the retention of existing staff, as those returning to work will already possess levels of experience and expertise
• demonstrate that the force values its staff and is willing to give reasonable consideration to individual career ambitions

3.6. Benefits to the individual 

3.6.1. The secondment scheme will:

• enable personal development
• help staff to fulfil other ambitions whilst enabling them to continue with their career progression with Kent Police. Provide the opportunity to work with and to learn from other organisations and individuals
• provide knowledge and insight whilst increasing their skills and experience

3.7. Eligibility criteria 

3.7.1. Staff who offer themselves for, or who are offered, a secondment should discuss with their line managers and with human resources advisers, developmental benefits arising from the secondment and how these may match longer-term career planning. This must be linked to performance and development review.

3.7.2. The force is not obliged to second any member of staff; this is not an automatic right. Under normal circumstances, police officers will be seconded only as police officers. The explicit written agreement of the director of human resources must be sought if police officers seek to be seconded in non-police roles. This is because of implications for the police conditions of service as part of police regulations. The individual’s interests, and those of Kent Police, therefore, must be safeguarded.

3.7.3. While each application will be considered on its merits, the following criteria for selection shall include:

• the applicant has successfully completed at least two years of satisfactory performance beyond the probationary period they completed when joining Kent Police (or after four years, which ever is the later)
• a defined opportunity
• a time-limited or fixed term
• the host must be a reputable and stable organisation in which Kent Police has confidence
• the position will offer real and quantifiable work which the applicant is well-qualified to undertake
• the position will offer the opportunity to extend knowledge or improve or advance skills for the applicant in line with the applicant’s most recent performance and developmental review (PDR)
• the development of the skills are of clear and measurable benefit and use to Kent Police

3.7.4. Applicants who are subject to an outstanding complaint, disciplinary or capability processes will have their application referred to professional standards department/human resources for advice, prior to being permitted to commence a secondment.

3.7.5. From time to time, it may be determined that there are organisational imperatives where individuals, who otherwise meet all the criteria in this protocol, cannot be released for the secondment. This may be either through operational imperatives or because the force cannot sustain a loss of specialist skills in the short term. This decision, taken by a chief officer, cannot be appealed.

3.7.6 Kent Police will only enter into agreements with organisations that can demonstrate that they actively promote equality and diversity in the services they deliver.

3.8.    On call/command responsibilities whilst seconded:

3.8.1. Whist undertaking a secondment out of force those officers who are of the rank of chief inspector or above may be expected to perform on-call/command responsibilities which are commensurate to their rank, role or specific skills set. Where such requirement is necessary the host organisation will be notified at the appropriate time to ensure that the necessary arrangements can be put in place to facilitate the continued operational policing requirements of the force.

3.9. Costs

3.9.1. Pay and allowances shall be determined between the secondee and the host except where pre-determined by police regulations.

3.9.2. Pay, allowances and expenses, including those relating directly to the secondment will be made via the Kent Police payroll system. The host organisation that affords the secondment opportunity will reimburse the force to the extent of full cost recovery. This will include full costs of any expenses claimed for by the individual. Expenses will only be paid to the secondee where it has written approval from the host force that these expenses were agreed. Further details of financial arrangements are provided in the individual contracts referred to in section 3.10 below.

3.9.3. Costs of urgent repatriation in the case of overseas secondments are dealt at section 3.11.5 below.

3.10. Contracts

3.10.1. A contract must be drawn up, agreed and signed by Kent Police and the host. Depending upon the secondment, this may be either provided by the host organisation, or be drawn up on behalf of Kent Police by Human Resources - HR services page in conjunction with Kent Police legal services department.

3.10.2. The contract must be signed on behalf of Kent Police by the Head of Resourcing or the Head of Employee Relations, an authorised signatory of the Kent Police and Crime Commissioner and signed by a senior representative of the receiving organisation, prior to the individual’s departure.

3.10.3. Copies must be sent to human resources at the Business Centre to be lodged with the individual’s personal file so that a record of the duration, nature and extent of the secondment may be held within the force during the period of the secondment. Human resources will update all secondment details onto SAP.

3.10.4 In the case of Central Service (temporary service under the Crown) secondments, applicants should refer for further information to the Home Office document ‘A guide to conditions of service for police officers seconded to Central Service’.

3.10.5. Overseas secondments and mutual aid secondments have template contracts which are held by human resources, as described in sections 3.11 and 3.12 below.

3.10.6. Depending upon the nature of the secondment and the host organisation, the secondee may also be expected to sign the contract.

3.10.7. The approval of the secondment will be confirmed in writing by the HR officer assigned to the secondee by Kent Police. This letter will be attached to the contract between Kent Police and the host.

3.11. Overseas secondments of officers

3.11.1. A secondment contract must be completed with the host before an officer can be seconded overseas.

3.11.2. The contract must be in compliance with S26 and S97 of the Police Act 1996.

3.11.3. A template contract is held by human resources - HR services page:

• secondments overseas involving Foreign and Commonwealth Office (FCO)
• secondments overseas involving other organisations/hosts

3.11.4. The focus of such contracts is the health and safety and appropriate training of officers due to be seconded into an overseas jurisdiction.

3.11.5. The host organisation is expected to pay the costs of repatriation in urgent welfare cases. For example, the current FCO policy is to approve one return flight in respect of defined compassionate leave, per 12 months. Officers will be expected to bear their own costs which fall outside the host organisation’s policy, and should be aware of those policy terms before commencing the secondment.

3.12. Mutual aid - secondment of officers between police forces

3.12.1. A mutual aid contract must be completed with the host before any officer can be seconded to another United Kingdom police force.

3.12.2. The contract must be in compliance with s24 of the Police Act 1996.

3.13. Appraisals and annual leave

3.13.1. It is expected that, during the period of the secondment, the individual will conduct him or herself in accordance with the professional standards, probity and integrity, which that individual would have been expected to demonstrate, had they remained with the force.

3.13.2. The receiving organisation undertakes to provide appraisal of the individual’s performance in the secondment, with a formal appraisal meeting between individual and immediate line manager at least once a year.

3.13.3. It will usually be expected that the Kent Police PDR scheme is to be used. The secondee’s new line manager will be provided with necessary guidance and information from human resources to ensure the scheme is followed correctly.

3.13.4 The Kent PDR should be completed manually and submitted to the force Business Centre for processing and recording on SAP.

3.13.5 The secondee should seek approval for annual leave from the host, to ensure that internal human resource systems are accurately updated the secondee must ensure that Human Resources is updated of any annual leave taken during the secondment.

3.14. Contact

3.14.1. The secondee must keep in regular contact with Human Resources, providing information on sickness absence, updated qualifications skills or authorisations and including any appraisal updates, or changes to next of kin details, changes of address and any other changes to personal or professional circumstances.

3.14.2. An email address and/or contact telephone numbers at work and at home, together with contact details for the receiving line manager, should be provided to human resources and HR Resourcing.

3.15. Promotion on secondment

3.15.1. Officers will be supported for temporary promotion or acting rank whilst on secondment if they are deemed to be a suitable candidate for assessment at a promotion process in-force, and are suitably qualified.

3.15.2. A satisfactory performance review must be completed by their line manager, endorsed by a member of the senior management team and submitted with the secondment application to the Director of Human Resources.

3.15.3. Acting rank or temporary promotion will only be granted for one rank beyond the officer’s substantive rank.

3.15.4. Substantive promotion will be dependent upon passing a home force promotion process.

3.15.5. Officers who are not considered suitable for promotion in their home force but nevertheless have specialist skills for a more senior secondment opportunity may be considered in exceptional cases. In such cases, consideration may be given to making payment at the higher rank with the difference in salary being paid as a non-pensionable allowance. The force will not support officers in such cases being paid at the substantive salary for the rank that they are not eligible to hold in their home force.

3.16. Return to force

3.16.1. Officers/staff returning to force should contact human resources at least three months prior to return, in order to arrange a posting and to allow security vetting. In the case of overseas secondments, six months should be allowed. Late notification may restrict posting options.

3.16.2. For police officers, Human Resources will inform HR Resource Planning of the return date. HR Resource Planning will then contact the officer and ascertain a suitable posting in their substantive rank, in time for the return date.

3.16.3 For police staff, Kent Police will try to ensure that a secondee returns to work of the same kind and at the commensurate substantive grade, but cannot guarantee a return to the post that the secondee left. This will normally depend upon their employment contract. There may also be occasions when owing to reorganisation, the substantive post no longer exists in its original form. In such an event, force protocol L1280 - Employment Security applies. The secondee will be consulted and advised accordingly in line with that protocol. Wherever possible, individuals will be placed in a reasonable alternative role to best utilise their skills and abilities. They will be paid the rate for the job into which they are placed.

3.16.4. Members of police staff who commence a secondment whilst on a fixed-term contract that expires either during the secondment or upon the individual’s planned return to the force needs careful consideration. The right to return to Kent Police will be governed by the contract of employment. Where there is a right to return it will be subject to paragraph 3.16.3.

4. Equality Impact Assessment (EIA)

4.1. This protocol has been assessed with regard to its relevance to race and diversity 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 or 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 principle set out in this protocol could have a detrimental effect upon the reputation of the organisation.

6. Consultation

6.1. There are no changes to the content of this protocol, therefore no new consultation is necessary.

7. Monitoring and review

7.1. Monitoring will be undertaken by the Head of Resourcing, with a review being undertaken two years after this protocol is in place.

8. Governing force policy

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 - W1012 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.