How do the Efficiency Regulations Work?
How do the Efficiency Regulations Work?
The Police (Efficiency) Regulations which were introduced by the Home Office in 1999 to tackle unsatisfactory performance issues have now been extended to also to deal with attendance management.
The first thing that needs to be emphasised about these procedures and their application is, that whilst they can lead to dismissal from the Force, they are designed to be supportive measures to address the perceived problem.
Effectively this involves a 4 stage process which whilst may seem complicated and lengthy can be simply broken down as follows:
Informal Management Support
The first stage of the process requires local management intervention. It is the responsibility of line management to manager their staff and identify issues of unsatisfactory attendance and to provide supportive action to address the problem. This should include a discussion with the officer regarding the importance of attendance and clear guidance as to why their attendance is considered unsatisfactory and inviting an explanation from the officer as to the reasons for their poor attendance. Managers should consider a range of supportive measures and should seek the involvement of the Occupational Health Unit at this stage and discuss and agree any remedies with the officer concerned.
The purpose of this initial stage is to give notice to the officer that their attendance is giving cause for concern, to ensure that effective monitoring is put in place, and to give the officer the opportunity to raise any issues which are impacting upon their attendance at work and implementing, with advice from the OHU, the supportive management action to address this problem. It is anticipated that most cases of unsatisfactory attendance will be resolved at this stage.
However, if there continues to be problems with persistent short term absence or significant long term absence due to sickness or injury and all reasonable steps have been taken to improve attendance then the problem can move to the formal stage.
First Interview
The first interview will be conducted by a line manager or countersigning officer. These are usually the individual’s line manager or that person’s line manager. The officer is entitled to be accompanied by a Friend at this interview who can assist with the presentation of their case. The officer should be advised that they may wish to seek the advice of the Police Federation at this stage.
Whilst the purpose of this interview is to formalise procedures the basic principle that the purpose of the Efficiency process is to be supportive should not be forgotten.
It is anticipated that an action plan and target for improved attendance should be agreed with the officer over a set period – usually three months.
If the action plan is achieved then no further action is required – but the record remains in place for two years.
If the action plan is not achieved or a relapse occurs during the next two years then the matter can move to the second interview.
Second Interview
The officer must be given at least 7 days notice of the requirement to attend the interview and it is open to their request for the interview to be conducted by the countersigning officer, rather than line manager. They are also entitled to be accompanied by a friend who can assist them at this interview and should be advised that assistance can be provided by the Police Federation.
If it is deemed necessary to hold a hearing then it will be heard by a Board consisting of an ACPO Officer and two Superintendents.
The officer is entitled to be represented by a friend or legal representative.
The officer and friend should be given duty time to prepare for the hearing and up to date medical evidence should be available to the panel and the officer.
The decision of the panel will be a majority decision and given in writing within 3 days.
The outcomes that can be decided by the panel are:
- No unsatisfactory attendance – no further action
- Insufficient support given – refer back to an earlier stage
- Retain post with final warning – 3 month review period to ensure issues have been addressed
- Redeployment which may include demotion
- Requirement to resign with one months notice
Inefficiency Hearing
QWhat is the link with the pension process?
A
If at any time medical evidence becomes available that the officer is permanently disabled from the ordinary duties of a police officer the process is stopped for that question to be considered. It should be remembered that the emphasis in the pension regulations is to retain officers in the service and provide them with a meaningful career pathway in line with their capabilities.
Q I am permanently disabled and have been retained in a non-confrontational role. Does this process still apply?
A
Yes the process still applies. The Force must re-consider the decision to retain you before a decision is made whether to proceed to a hearing.
QI am disabled and I am covered under the Disability Discrimination Act. Does this make a difference?
A
The purpose of the Disability Discrimination Act is to ensure disabled people are not subject to less favourable treatment and they have a right to have reasonable adjustments made to working arrangements to ensure they are not disadvantaged when compared to individuals who do not have a disability. If the reasonable adjustments have been made and attendance is unsatisfactory then a disabled person can be subject to these procedures. At each stage the reasonable adjustments should be re-considered to ensure that they are appropriate and enable an individual to attend work. Further reasonable adjustments should be consider as appropriate.
