Correspondence

Annex OO: career breaks (accessible version)

Published 25 April 2019

February 2019

Determinations of the Secretary of State under the Police Regulations 2003

The Secretary of State, in exercise of the powers conferred by regulations 10B and 12 of the Police Regulations 2003 (SI 2003/537) (“the Police Regulations”), as amended, makes the following determination.

In accordance with regulation 46(1), before making this determination the Secretary of State has obtained the approval of the College of Policing.

The Secretary of State has determined that, with effect from 22nd February 2019, the determination under regulation 33 is replaced with the following.

Career breaks

1) If a member of a police force who has completed the required period of probation under Regulation 12, or if a rejoiner member who has completed the required period of probation under Regulation 10B(2)(b), makes an application to take a career break to the chief officer of his police force, the application shall be considered by a human resources professional authorised for these purposes who shall:

• (a) make known his decision of acceptance or rejection to the member within 28 days of the application, and
• (b) in the case of his rejection of the application, provide the member at the same time as the rejection with written reasons for the rejection

2) A member whose application to take a career break has been rejected may submit a notice of appeal to the chief officer, within 28 days of receiving the rejection and the reasons for rejection, and the appeal shall be determined personally by the chief officer or an acting chief officer.

2A) In paragraphs (1) and (2) –

• “acting chief officer” has the same meaning as in regulations 7 to 9 of the Police Regulations 2003;
• “human resources professional” has the same meaning as in the Police (Performance) Regulations 2012

3) Before the start of the career break, the member shall agree with the chief officer-

• (a) the date on which the career break is to start
• (b) the length of the career break, which shall not be greater than five years, save that in exceptional circumstances the chief officer may allow more than five years
• (c) the end date of the career break, which shall not be later than the compulsory retirement age for the member’s rank within the meaning of regulation A18 of the Police Pensions Regulations 1987 or regulation 19 of the Police Pensions Regulations 2006, as the case may be.
• (d) objectives with timescales for the career break, which may be varied at any time during the career break by agreement between the member and the chief officer

4) The member shall inform the chief officer during the career break of any circumstances which may affect the objectives or timescales of the career break.

5) During the career break the member shall not undertake full-time education or activities for which he is paid or reimbursed expenses or which involve him in the sale of goods or services, by way of business, without the agreement of the chief officer.

6) Where the chief officer has reasonable grounds for believing that the agreed objectives and timescales of a career break may not be achievable, he may require the member to attend a review. As the result of such a review, the chief officer may require the member to return to duty, after a minimum notice period of one month, provided that if the chief officer is minded to require the member to return to duty he will allow the member to make appropriate representations before he reaches a final decision.

7) Other than as provided in paragraph (6) the chief officer shall not require the member to return from the career break earlier than the agreed date.

8) On the agreed return date, the member shall return to duty with the same determined hours and work pattern as before the start of the career break.

9) The chief officer shall allow the member before the agreed end date of the career break to return to duty with the same determined hours and work pattern as before the start of the career break -

• (a) in the case that there is a suitable vacancy, within one month of the member giving notice of his intention to return to duty
• (b) in any other case, within three months of the member giving notice of his intention to return to duty

10) During the career break the member remains a member of his police force for the purposes of the Regulations and the Secretary of State’s determinations thereunder, other than, subject to (11), the regulations and determinations of the Secretary of State under Part 4 (Pay), Part 5 (Leave) and Part 6 (Allowances and Expenses).

11)

• (a) A female member of a police force on a career break who becomes pregnant shall give notice to the chief officer as soon as reasonably practicable:
  • (i) that she is pregnant,
  • (ii) of the expected date of birth of her child
  • (iii) of her decision whether to exercise her entitlement under (b)
• (b) Such a member shall be entitled to suspend her career break so that Regulations 29 and 33(7) and the Secretary of State’s determinations thereunder may apply to her.
• (c) Resumption of the career break in due course shall be subject to further agreement between the chief officer and the member.