Human Resources - Time off for force sport and other activities protocol (L11180)

1.0 Summary of Changes

1.1 This protocol has been updated to include reference to “agile working” within paragraphs 3.5.5, 3.5.6 and 3.5.7.

1.2 New sentences added to include satisfactory performance and attendance at 3.3.8 and 3.5.8 .

2.0 What this Protocol is about

2.1 This protocol applies to police officers and staff who are participating as contestants at sporting events or who are accredited and recognised coaches for national/international sports and is designed to ensure consistency across the forces in respect of granting time off for sporting activities.

2.2 This protocol also applies to police officers and staff who are participating in band, choir or musical societies through the police service. It is recognised that these societies make a valuable contribution to community relations and the protocol will ensure consistency across the forces in respect of granting time off for society activities.

2.3 This protocol also applies to police officers and staff who are provided courses, qualifications and developmental support opportunities directly by the force.
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 Essex Police and Kent Police support staff participation in sport and regular exercise as it is recognised that it is good for the health and well-being of its employees and should be encouraged. It is also recognised that the working patterns within Essex Police and Kent Police can sometimes make it difficult to commit to a regular sports team event or activity.

3.2 Sport in the Police Service has a long history and is a cohesive institution giving identity and morale to both police officers and police staff who participate.

3.3 Support and Time off for Local Police Sporting Activities

3.3.1 Police officers and staff undertaking sporting activities act as ambassadors for Essex Police and Kent Police and the Police Service in general, therefore, their conduct and behaviour in these circumstances should be no different from the standards of conduct and behaviour expected of individuals in the workplace.

3.3.2 All members of Essex Police and Kent Police are encouraged to participate in general sporting activities following the principle that they will do so in their own time; this includes Croker cup activities within Essex Police.

3.3.3 Where individuals represent the Force via a Kent Police Recreation Association sports section or Essex Police Sports Association or are involved with sporting activities at a county level, LPA/Divisional Commanders/Heads of Department are to encourage flexible duty management to assist, wherever possible, with the participation in sporting events outside of duty times. This support extends to allowing flexible working, re-scheduling of shifts, agile working or granting of flexi-time, TOIL, split shifts and/or annual leave to enable the individual’s participation.

3.3.4 Operational policing will always take precedence over sporting activities; however, careful duty planning should enable individuals to participate in sporting activities.

3.3.5 Where individuals attend local events within the county or regional events, including any required local selection events and ‘try outs’ to determine whether or not they will represent the force at this level, all such events will be completed in an individual’s own time.

3.3.6 Coaches for individuals or teams participating at this level will undertake all such activities in their own time.

3.3.7 Any vehicle enquiries should be referred to Business Services.

3.3.8 Support with time-off or flexibility to undertake activities will be continued based on satisfactory performance and attendance in the individuals core role. If this is a cause for concern contact your local HR Adviser for advice.

3.4 Support and Time off for PSUK Activities

3.4.1 Where individuals need to attend local selection events or ‘try outs’ to determine whether or not they will represent the force at this level, all such events will be completed in the individual’s own time.

3.4.2 For Kent Police participation at national police service sporting events and activities through Police Sports UK (PSUK) Divisional Commanders/Heads of Department may grant up to two days paid leave per financial year to support this level of event. Paid leave is granted on the basis that official written confirmation of acceptance is provided prior to the event and written confirmation of your participation is provided after the event. The paid leave granted under this clause will form part of the maximum support calculation outlined in clause 3.5.5 of this protocol.
 
3.4.3 For Essex Police representation at force, regional or national police service sporting events and activities through Police Sports UK (PSUK) LPA Commanders/ Heads of Department may grant up to two days paid leave per financial year to support this level of event. Paid leave is granted on the basis that official written confirmation of acceptance is provided prior to the event, time off request is discussed with local management and written confirmation of your participation is provided after the event as requested. The paid leave granted under this clause will form part of the maximum support calculation outlined in clause 3.5.5 of this protocol.

3.4.4 Coaches for individuals or teams participating at this level will undertake all such activities in their own time. This will include attending sporting events in support of participants.

3.5 Support and Time off for International Sporting Activities where the Participant is Representing their Country

3.5.1 Essex Police and Kent Police recognise the importance of supporting sporting activity at this level e.g., Olympics, Paralympics, Commonwealth games, European and World Championships and other such high level international events.

3.5.2 Upon production of proof they have been selected to represent their country at this level, LPA/Divisional Commanders/Heads of Department should determine how best to support such events and activities. Consideration should be given in the first instance individuals to granting two days paid leave per financial year to support their attendance at competitions. This paid leave is additional to that set out in 3.4.2/3.4.3 and will form part of the maximum support calculation as outlined in 3.5.5.

3.5.3 Thereafter, through submission by the individual of a 1068/A57 to their Head of Department. They maybe granted further paid sports leave to cover up to half of the remaining time required to attend such an event. Consideration given to matching the time required to participate in a competition on a 50/50 basis with the participant subject to consideration of an individual’s remaining annual leave, time owed etc; again, subject to 3.5.5.

3.5.4 Usually this support will not exceed 40 hours for a full-time police officer or 37 hours for a full time member of police staff in any financial year. For part time staff the usual maximum time off in any one financial year will be awarded on a pro-rata basis in accordance with their normal contracted working hours. Any requests for paid leave over and above the maximum amount will be referred to their Chief Officer.

3.5.5 Any additional time required should be provided via granting of annual leave, flexi-time, agile working, TOIL, split shifts, re-scheduling of duties, unpaid leave etc.

3.5.6 Coaches for individuals or teams participating at this level may be paid two days leave in a financial year to support these activities upon production of official proof that they are required to attend to support participants through this level of events. Any additional time required should be provided via granting of annual leave, flexi-time, agile working, TOIL, split shifts, re-scheduling of duties, unpaid leave etc.

3.5.7 Referees, umpires or other such official adjudicators, who hold the appropriate recognised qualification and whose presence is essential to the running of a sporting event at this level, may be paid two days leave in a financial year upon production of official proof of this requirement. Any additional time required should be provided via granting of annual leave, flexi-time, agile working, TOIL, split shifts, re-scheduling of duties, unpaid leave etc.

3.5.8 Support with time-off or flexibility to undertake activities will be continued based on satisfactory performance and attendance in the individuals core role.  If this is a cause for concern contact your local HR Adviser for advice.

3.6 Support and Time off for Band, Choir, Musical Societies or Life-Saving and/or First Aid Competitions

3.6.1 The principles of this protocol, in respect of local police sporting activity also apply to the force band, choir or musical societies and lifesaving and/or first aid competitions. Participation is encouraged where possible in non-duty time.

3.6.2 Where individuals represent the force for these types of activities LPA/Divisional Commanders/Heads of Department are to encourage flexible duty management to assist, wherever possible, with the participation in these events outside of duty time. This support extends to allowing flexible working, TOIL, Split shifts, re-scheduling of shifts or granting of flexi-time, agile working and/or annual leave only to enable the individual’s participation.

3.6.3 Operational policing will always take precedence over these activities; however, careful duty planning should enable individuals to participate.

3.6.4 Requests for society representation for ceremonial events or events of a special nature (parades, concerts, police funerals etc.) will be authorised as duty time by a Chief Officer. This includes granting of paid time or TOIL, if the event takes place on a rostered rest day.

3.6.5 Any vehicle enquiries should be referred to Business Services.

3.7 Charity Fund-Raising Sporting Activities

3.7.1 All members of Essex Police and Kent Police should be encouraged to participate in fund raising sporting activities following the principle that they will do so in their own time.

3.7.2 Where individuals/teams represent the force at fund raising events; LPA/Divisional Commanders/Heads of Department are to encourage flexible duty management to assist, wherever possible, with participation at such events outside of duty time. This support extends to allowing flexible working, TOIL, split shifts, re-scheduling of shifts or granting of flexi-time, agile working and/or annual leave to enable the individual’s participation.

3.7.3 Operational policing will always take precedence over these activities; however, careful planning should enable staff to participate.

3.7.4 For more significant/lengthy sports related fund-raising activities LPA/Divisional Commanders/Heads of Department may grant up to two days paid leave per financial year to support this type of event.

3.8 Hurt/Injury on Duty

3.8.1 Anyone who is injured whilst engaged in the above activity and the injury can be clearly attributed to that activity will be regarded as ‘hurt/injured on duty’. This is to fall into line with the High Court judgement R v White.

3.8.2 See www.bailii.org/ew/cases/EWHC/Admin/2022/385.pdf.

3.9 Insurance

3.9.1 Staff must be aware of the potential consequences of an injury received when playing sport for a club outside of the police service. An injury could result in permanent ill health without the supplemental pension for injury and for those with limited service, without any pension.

3.9.2 Police officers and police staff who participate in any sporting activities are advised to ensure the clubs are insured against risk of injury to individuals or protect themselves with adequate personal insurance cover.

3.10 Request for Time-off

3.10.1 Local Managers are asked to review any requests following the guidelines above and balancing operational capacity/capability for all non-duty planned staff and officers. Individuals are responsible for being aware of the quotas for paid leave relating to sporting activities and ensuring they do not exceed agreed quotas.

3.10.2 All officers and members of staff have a responsibility to keep line managers updated with progress of sporting activities that may lead to time off requests. In the first instance any request for time off should be discussed with local managers to assess the operational impacts.
 
3.10.3 Any request for time off to participate in sporting events or societies falling under 3.4 or 3.5 should then be submitted by the individual initially through to FRU/RMU. This request should be made through the leave request quick link on SAP Self Service. Within the ‘note’ facility on the leave request the name of the approving line manager and date of conversation should be included.

3.10.4 FRU/RMU will make a recommendation on ability to authorise taking into account the minimum staffing level and the relevant working pattern of the individual for all duty planned staff and officers. FRU/RMU will also check leave quotas to ensure requests can be authorised.

3.10.5 The FRU/RMU are able to interrogate SAP for the number of days the individual has previously been granted to participate in sport during that financial year, if required. Any queries over allowing time off will be sent to the LPA/Division Commander/Head of Department who will approve or refuse the application.

3.10.6 The decision of the LPA/Divisional Commander/Head of Department will be final.

3.10.7 All agreed requests will be updated on SAP duties with the appropriate marker through FRU/RMU.

3.11 Study/Examination Leave

3.11.1 The Director of HR has delegated the authority to LPA/Divisional Commanders and Heads of Department to authorise leave for courses or qualifications provided or directly funded by the force. Examples may include force funded workshops and coaching sessions. Where a course/activity/workshop to support development is provided by the force this will be considered as duty time and local SLT’s should look favourably on releasing individuals to attend this.

3.11.2 Officers will be granted up to 3 days study leave for the NIE exam.

3.11.3 For courses or qualifications not directly funded or provided by the force such as promotion crammer courses, it is expected that this time is taken from their personal leave allocation, for example annual leave or flexi time. Flexibility should be shown to support development eg swapping shifts, re-roster working days wherever possible.

3.11.4 Police Officer Probationer Training, now referred to as The Police Education Qualifications Framework (PEQF) has Protected Learning Time (PLT) scheduled into the programme and so additional study leave for this will not be permitted.

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. EIA form is pending.

4.2 Due consideration should be given to members of staff/officers who seek reasonable adjustments due to a recognised disability that requires additional study/exam time, with each case being assessed according to the individual’s needs.

4.3 See EIA – March 2022

5.0 Risk Assessment

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

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.

5.3 Officers and members of police staff granted time off in accordance with this protocol must remember that the activity is undertaken in work time and on behalf of the force, it therefore falls within the scope of the Working Time Directive. Supervisors approving time off, and the individual concerned, should be mindful of the work pattern of each applicant to ensure compliance with Working Time Policy.

6.0 Consultation

6.1 The following have been consulted during the formulation of this document:
• Essex Unison
• Kent Unison
• Essex Police Federation
• Kent Police Federation
• Essex Diversity and Inclusion Manager
• Kent Diversity Academy
• Health & Safety
• Head of Operational Change
• PSD D/Superintendent
• Risk
• Policy
• Essex Superintendents Association
• Kent Superintendents Association
• Strategic Force Crime & Incident Registrar
• DPO/Temp Head of Info Management
• LPA Commanders
• Support Networks
• Head of Learning & Development
• Kent Legal Department

7.0 Monitoring and Review

7.1 The monitoring of this HR protocol will be by, or on behalf of, the HR Delivery Manager with the study leave element by the Head of L&D. This protocol will be reviewed every 2 years.

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.
• L 1540 Protocol - Leave

8.2 Data Security

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

8.3 Retention & Disposal of Records

Essex and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.
We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice https://www.essex.police.uk/hyg/fpnessex/privacy-notice/.