Policy Scope

Unless indicated otherwise, this policy applies to police officers of all ranks, special constables and police staff who wish to:

• take part in the establishing or running of a business, or
• take secondary employment with another employer

The overriding objective of the policy is to ensure that South Yorkshire Police officers, staff and special constables at all times abstain from any business interest activity likely to prevent them from carrying out their work, to interfere with the impartial discharge of their duties, involve a conflict of interest or bring the service into disrepute.  At the same time, the force wishes to encourage an open culture where members are confident they can disclose business interests and have tho opportunity for reasonable business interests to be officially approved.

On application to the force for appointment as a special constable, consideration is given to the compatibility of an individual’s substantive employment with the role. Where special constables have further secondary employment or business interests, then an application must be made under this policy.

Police officers, special constables and police staff must register any business interest or secondary employment in which they are involved.  

Any police officer, special constable or member of police staff who is aware or becomes aware that a relative included within their family, anyone resident at the same address or an acquaintance proposes to have, or has, interest in a contract, a business interest or secondary employment, which in the opinion of that member interferes, or could be seen as interfering, with the impartial discharge of his/her duties, then written notice of that interest must be given unless that business interest has previously been disclosed.

A member of staff must get permission prior to undertaking a business interest or secondary employment.  Where a member of staff has failed to get prior approval, this may be considered as a disciplinary matter and may lead to disciplinary action being taken.

Approval for any business interest or secondary employment is granted based on the circumstances outlined in the application. If approved, applications for business interests and secondary employment will be granted for a period of 12 months, after which a further application must be made. If within the 12 months for which approval has been granted those circumstances change individuals are required to re-apply (see ‘Change in Circumstances’ below for further details).

 

Policy Aims and Objectives:

This policy sets out the application and approval process for carrying out a business interest or secondary employment.

An approved business interset should always be carried out in a way that does not compromise or give the impression of compromising the police officers impartiality and is not incompatible with remaining a member of the Police Force as set out in Regulation 7 of the Police Regulations 2003.

A police officer wishing to apply to give notice of a business interest on his/her own behalf or in relation to a business carried out by a relative should refer Regulations 7, 8 and 9 in Police Regulations 2003, as amended by the Police (Amendment) (No2) Regulations 2006:

Police staff should take note of Section 1 of the Police Staff Terms and Conditions Handbook and the Police Staff Standards of Professional Behaviour.

 

The terminology in Police Regulations refers to ‘business interests’ for police officers, whilst the term ‘secondary employment’ is used in the Police Staff Handbook. However, for both officers and staff, employment by another employer and development of a business require approval under this policy.

See attached flowchart outlining the procedure for police officers, police staff and special constables wishing to apply for a business interest or secondary employment.

Working Time Regulations

Under the Working Time Regulations, the Force has an obligation to take all reasonable steps to ensure that workers do not exceed an average of 48 working hours per week. This includes work relating to business interests and secondary employment outside the force. Where it is possible that this average will be exceeded, the individual may opt out of the limit by signing a derogation. A copy of the derogation notice is available as a template on Word (ADM/32). The derogation may be withdrawn by the individual, who must give 7 days’ notice to HR shared Services. However, this may result in permission to continue the business interest/secondary employment being withdrawn, and any individual who continues after withdrawal of permission may be subject to disciplinary action including possible dismissal.

Irrespective of whether a derogation has been signed, all police officers and police staff authorised to have a business interest/secondary employment must maintain a record of dates and hours worked. The Force has an obligation, subject to the exigencies of duties, to ensure that a minimum of 11 hours elapses between conducting the business interest or secondary employment and attending for duty.  Therefore records of date and hours must be produced to line management to enable the organisation to monitor compliance with Working Time Regulations and to monitor any performance issues.

Voluntary Work

Voluntary workers are not regarded as ‘workers’ under the Working Time Regulations. However, any member of staff who undertakes voluntary work in their off duty time must ensure that the nature, extent and timing of such voluntary work does not affect their fitness and ability to carry out their primary duties for South Yorkshire Police.

Officers and staff should consider any potential conflict between their role with South Yorkshire Police and the interest area of any voluntary activities. Reference should also be made to D50864– Membership of Unacceptable Organisations. Advice may be sought from HR Shared Services in the first instance.

Sporting Activities

Time off for professional sporting activities will not be granted.

For the purposes of this policy Professional Sport  is classed as any sporting activities for which you receive payment for your participation.

Any member of the Force who wishes to participate in professional sport must submit a report to the Assistant Chief Constable (Corporate Relations) for approval in accordance with the application procedure.

There will be no allocation of paid time-off for playing professional sport if the participation in the sporting activity coincides with a period of duty. An adjustment of duties may take place otherwise annual leave will need to be taken following the usual approval process.

Application Procedure

Police officers and police staff who wish to register a business interest, or undertake secondary employment, should inform their line manager of their intentions. An application form (ADM/23, available as a Word template) must be completed and submitted to the line manager who should indicate their support (or otherwise) on the form.

HR Shared Services will ensure that the proposal does not conflict with the Working Time Regulations and that where necessary a derogation has been signed and attached.

The form should then be forwarded to the Intelligence Development Unit, Professional Standards Department, who will identify any standards issues with the application.  The application will be returned to the District Commander/Head of Department for consideration as to the compatibility (or otherwise) of the application with membership of the police service. Where any issues are highlighted relating to the application, advice may be sought from the Head of Corporate HR or the Force Vetting Officer as appropriate.

Where approval has been granted a contract will be drawn upbased on the standard agreement and any other terms deemed necessary.  This will be forwarded to the individual, who will be required to sign a copy of the contract which must be returned to HR Shared Services for inclusion on their personal file and updating of their Oracle record. Failure to adhere to the conditions of the agreement may result in disciplinary action.

If the application is refused then Oracle will be updated accordingly and the individual will be informed in writing of the reasons for the refusal.

The individual's line manager will be notified of the outcome and, where approved, of any terms and conditions imposed in the contract.

For ACPO lvel officers, the body authorising business interests will be the Police Authority.

Restrictions

In cases where a police officer’s business interest is located in the same area as his/her usual place of work, consideration will be given as to whether or not this is appropriate. As a result, the officer’s posting may:

• remain unchanged or
• be restricted, where the relevant district has two or more sections, to those sections outside the section containing the business interest; or
• be transferred to another district or department.

Where a posting restriction has been ordered then the individual will be informed and a copy of the restriction placed on their personal file.

Under Section 32 of the Fire Services Act 1947, police officers are prohibited from being employed by a Fire Authority as retained fire fighters.

Certain types of secondary employment/business interest may be classed as unsuitable due to the potential for conflict of interest with the individual’s position with South Yorkshire Police. Examples may include:

• alarm technicians fitting alarms in their own time
• security work
• some advisory/counselling services, particularly those involving offering legal advice
• employment in a public house which requires frequent police attention, etc.

In such instances careful consideration should be given to the possibility that the nature of the work, or information obtained/given in the course of the work, may lead to a conflict of interest.

Police officers and police staff are prohibited from entering into contracts for the provision of goods and services with South Yorkshire Police. 

Appeal Process

Where an application for a business interest or secondary employment has been refused, a police officer, special constable or member of police staff can appeal in writing within 14 days of notification of the refusal. It is important that the individual identifies clearly the grounds on which their appeal is based - why he/she considers the original decision was wrong, or providing additional evidence which may affect the outcome. The appeal should be addressed in the first instance to HR Shared Services, who will attach all relevant paperwork, and forward the appeal to the Head of Corporate HR, who will consider the case.

Police officers have further right of appeal to the Police Authority against refusal in accordance with Regulation 7of Police Regulations 2003, as amended by the Police (Amendment) (No2) Regulations 2006.  Appeals must be notified in writing to the Clerk and Treasurer to the Police Authority within ten days of the notice refusing permission. Should an appeal to the Police Authority be unsuccessful a police officer may apply further to the Police Authority to have the matter referred to the Secretary of State as laid down in Regulation 7 of Police Regulations 2003.

Records

On completion of the process, the application form, along with, where applicable, the derogation and any paperwork relating to appeals will be scanned onto their personal file. Documentation relating to the most recent application and outcome will be retained on the individual’s personal file for two years after employment ceases. The  business interest or secondary employment information (whether accepted or rejected) will be entered onto Oracle.

Attendance/Performance

Where the application is approved, it is the responsibility of the individual's line manager to monitor attendance and work performance to ensure that standards are maintained. The situation should be reviewed regularly.

Line managers should raise any concerns that the secondary employment or business interests may be having an impact on performance or attendance, particularly where the employee’s attendance persistently falls beyond the attendance management criteria.

Where it is considered that the business interest or secondary employment is having an adverse effect on performance or attendance, a report should be submitted to the District Commander/Department Head who will decide whether it is considered appropriate to withdraw permission to undertake the business interest or secondary employment.

When absent on sick leave, certified or otherwise, members of staff shall not actively involve themselves in their business interest or secondary employment without written authorisation from the District Commander/Department Head. Consideration must be given to the cause of absence, and the impact that involvement in the business interest or secondary employment may have on the individual's health and recuperation. Authorisation should only be withheld where the nature of the business interest/secondary employment may exacerbate and/or prolong the individual's condition (for example, undertaking a role which involves lifting/physical work whilst off sick with back problems). It is acknowledged that there will be instances where an individual is able to participate in business interests/secondary employment outside SYP but remains genuinely unfit for work (for example, an individual suffering work-related stress may be able to carry out unrelated business/employment). Advice may be sought from HR Shared Services or Occupational Health Unit.

General Conditions

There are a number of conditions which apply in all instances where a police officer or member of police staff is granted permission to undertake a business interest, or secondary employment, including the following:

• No activities relating to a business interest or secondary employment may be carried out during their working hours with South Yorkshire Police, nor may they use any South Yorkshire Police systems, facilities or equipment (telephone, mail, IT, photocopying, etc) for such activities.
• No items of uniform provided by South Yorkshire Police may be worn whilst carrying out the business interest or secondary employment.
• No use may be made of any intellectual property created in the course of employment with South Yorkshire Police. (Intellectual property is defined as that which includes copyright, patents, trade marks and designs, allows the ownership of creativity and innovation in the same way that physical property can be owned, and would include, for example, documents, designs, ideas, software or other materials prepared in the course of employment with South Yorkshire Police.)
• No activity may be carried out which could adversely affect the confidence of the public in the Police’s reputation, or their ability to act with integrity and impartiality in their employment.
• Police officers or police staff members are prohibited from entering into contracts for goods and services with South Yorkshire Police. Where an officer or member of police staff becomes aware that their business interest or secondary employment has any interest, direct or indirect, in any contract with South Yorkshire Police or the Police Authority, then they must notify HR Shared Services as soon as practicable, who will determine whether there is any potential conflict of interest.
• Police officers and members of police staff are responsible for notifying the Inland Revenue of any income they receive through their business interest/secondary employment.
• Whilst carrying out an authorised business interest or secondary employment all police officers and police staff must adhere to any health and safety requirements. Any accidents or injuries suffered in the course of secondary employment must be reported to the HR Shared Services. Information will be shared between Legal Services and the Intelligence Development Unit of Professional Standards to address fraudulent compensatory awards for injury sustained in the business interest or secondary employment.

Additional Conditions

Draft contracts will be drawn up for both police officers and for police staff incorporating standard terms. Depending on individual circumstances, additional terms may be incorporated into the contract.  These are not prescriptive or exclusive and should be adapted for individual cases dependent upon the nature of the activity involved in each individual case.

Change in Circumstances

Where there is any change of circumstance during a 12 month period for which approval has been granted , police officers and police staff must re-apply for approval, outlining the details of the proposed change and following the same procedure as for the initial application. This includes any change in hours which may affect the need to opt out of the 48 hour limit on working time.

HR Shared Services must be informed in writing if involvement in the business interest or secondary employment ceases during the 12 month period.

Renewal

Permission will normally be granted for a period of 12 months. All police officers and police staff will be required to reapply on expiry of the permission. HR Shared Services will contact staff two months’ prior to the renewal date regarding renewal of approval.

Associated Procedural Instructions

This policy is supported by the following procedural instructions: N/A

Equality Act 2010: 

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual's Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Audit Arrangements

This policy together with its Equality Analysis will be reviewed every 3 years.

Rights of redress for members of the public:

Anyone who feels that a member of SYP staff has behaved incorrectly or unfairly has the right to make a complaint. Initial action should be taken in one of the following ways:

• Complaint in writing or in person to the Senior Officer at the appropriate police station or in writing to the Chief Constable of the force concerned.
• Visit a local Citizens' Advice Bureau.
• Contact a solicitor.

Rights of redress for South Yorkshire Police staff

South Yorkshire Police staff who feel they have grounds for concern in relation to the implementation of policies may:

• Pursue concerns through their line manager.
• Contact their First Contact officer.
• Pursue a grievance formally through the South Yorkshire Police Grievance Procedure.
• Seek advice from their staff association or trades union.

• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 

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