Guidance

Placements of police officers and staff outside of their home force (accessible)

Published 11 April 2025

Applies to England and Wales

December 2024

Section 1: Introduction and principles

1.1 Introduction

This guidance covers the police officers and police staff secondments within England and Wales only. It has been developed and agreed by the Police Advisory Board of England and Wales (PABEW) working party.

It is intended for forces whose police officers and staff are going on secondment (‘home force’) as-well as the receiving organisation (‘host organisation’). It is also aimed for the officers and staff going on secondment to inform them of the basis of their secondment.

Officers and staff on secondment will be referred to as to ‘secondee’ for the purposes of this guidance document.

A secondment is a temporary transfer to other duties, responsibilities or projects to an external host organisation and return to their home force at the end of the secondment. The secondee will continue to remain a member of the home force for the duration of the secondment. The secondee will be working for the host organisation for the duration of the secondment.

The PABEW recognises that secondments can be beneficial for enhancing operational experience, staff development and progression. Whilst also helping develop valuable relationships between organisations, improving stakeholder relationships, sharing skills and knowledge and providing resource in areas where there is need.

This guidance does not cover mutual aid events including international deployments as these are dealt by separate guidance documents produced by NPoCC.

1.2 Legal and statutory framework

Police officers in England and Wales hold the ‘Office of Constable’ and are servants of the Crown. Their pay and conditions of service are set out in Police Regulations 2003.

The applicable legislation and regulation in respect of police officer secondment is as follows;

• Section 97 of the Police Act 1996 (Police Officers engagement on service outside of their force)

• Section 13A of the Police Regulations 2003 (Secondment)

• Section 23(2)(c) of the Police Act 1996 (Collaboration Agreements involving police forces) is applicable to officers and staff and relate to the provision of members of a police force to another force

The terms and conditions of police staff are outlined in their contracts of employment.

Those using this guidance must comply with their legal obligations to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010. This guidance takes into consideration the Working Time Regulations 1998.

1.3 General principles of Secondments

This guidance is based on the following core principles:

• Link to home force: All secondees remain members of their home force for the duration of the secondment and returned to their home force at the end of the secondment.

• Length of service: The secondment counts towards length of continuous service.

• Comparability: Secondees will not be disadvantaged nor should not suffer any detriment in respect of terms and conditions and will be eligible for pay rises occurring during their secondment. It is essential that all parties are clear about their obligations, objectives, expectations and accountabilities which will be outlined in a Secondment Agreement with a Terms of Reference.

• Time limitations: All secondments must be time limited with clear arrangements for termination or extension.

• Fairness and equality: All secondment procedures should be carried out in accordance with principles of fair practise and equality of opportunity, including part-time working, job sharing and all other types of flexible working. A commitment to fair treatment should be exercised throughout the secondment process and period.

• Performance and development: All secondments must have clear objectives an agreed plan for monitoring their achievement and development.

• Welfare: A secondee’s welfare must be safeguarded and appropriate arrangements should be made before the secondment, which should also include consideration of the reintegration process once the secondment comes to an end.

• Professional standards: If different standards of professional conduct apply in the home force to the host force, then the secondee is expected to add here to the higher standard of professional conduct.

• Duty of Care: The home force will maintain the ultimate duty of care for the secondee, but the host organisation will also have a duty of care.

Section 2: Guidance

2.1 Recruitment and selection process

All secondment opportunities advertised will need to follow fair recruitment principles. The selection process needs to be appropriate and proportionate, fit the nature of the appointment and adhere to the legal obligations set out in the Equality Act 2010.

There may be genuine occupational requirements that requires the post holder to either have or not have certain protected characteristics as set out in the Equality Act 2010. In such circumstances each case needs to be considered carefully, and legal advice should be sought when necessary.

The host organisation will lead the recruitment and selection process. The secondment opportunity needs to be advertised through relevant policing and central government publications to attract the widest range of applicants from which to select.

Candidates need their line manager’s home forces agreement to apply. If the candidate is subject to any live written warnings or live improvement notices, the details of search must be reported to the host organisation for consideration before an appointment is agreed. An example of obtaining a reference from a home forces Professional Standards Unit is included in Annex A.

2.2 Length of secondment

The secondments may vary in length but would usually be between six months and two years. Some organisations may classify secondments under six months as ‘attachments.’ An attachment should follow similar principles to a secondment with a Secondment Agreement including a Terms of Reference. An example of this is included in Annex B and C.

Secondments should not last longer than two years as this may cause tax and legal implications. It is therefore important that regular reviews are carried out between the HR function from the home force and host organisations well in advance. This will help identify any liabilities and wider financial implications for the seconded individual, the home force and the host organisation.

2.3 Confirming and documenting the secondment

Before the secondment commences, the home force and host organisation will need to plan an appropriate induction and provide all the necessary information for the secondee in their new role.

A Secondment Agreement with a Terms of Reference (typically produced by the host organisation) will need to be agreed by all parties before the secondment is due to take place.

2.4 Vetting

The host organisation must consider the vetting requirement as part of the recruitment process. If a secondee’s vetting status needs to be revised during the secondment and they consequently fail to meet the required standard the secondment will be terminated.

2.5 Temporary promotion

A temporary promotion would only last for the duration of the secondment.

Only the home force may promote substantively, and the officer would need to go through the relevant promotion process in their home force.

Officers should be paid in accordance with Police Regulations and Determinations for its duration.

A police staff post may offer a higher salary which would be appropriate to the post. The secondee would only be eligible for this higher salary whilst on secondment.

2.6 Extending or terminating a secondment

If it becomes apparent that the secondment needs to be extended, then the host organisation will need to provide a business reason(s) for the extension. Any extension will need to be agreed between the home force, host organisation and secondee. The extension must have a definitive end date.

A secondment extension letter will need to be issued by the host organisation which includes the new secondment end date. The home force and host organisation will need to take advice on the extent to which a secondee individual may acquire employment rights in the host organisation in respect of their tax obligations by virtue of length of service in the host organisation.

If the circumstances of a secondment change to that of a permanent post, this post will need to be advertised through the appropriate channels. The secondee may apply for the post and if successful in the selection process would become a member of the host organisation. This would result in the secondment and all associated agreements coming to an end.

If it is necessary to terminate a secondment prior to the agreed timeframe, all parties must be informed in writing with a notice period to accommodate any necessary or appropriate changes. The time period of notice and related obligations of the home force, host organisation and secondee need to be set out in the Secondment Agreement.

Annex D details various welfare and conduct issues that the home force and host organisation need to consider. It is important that the secondee still has access to all their normal welfare provision and support and they are still held to the high standards expected of them.

2.7 Returning before the end of a secondment

The secondment may be terminated early in the following circumstances:

1. on 28 days written notice from the secondee or from the host organisation

2. on termination or resignation from the home force

3. the task of the secondment ceases to exist e.g. business priorities or funding have changed

4. conduct or performance issues causing a secondee to no longer be suitable for the post

5. change of risk assessment

A secondee has no right of appeal if the host organisation terminates the Secondment Agreement. The host organisation management decision is final and the secondee shall return to their home force at the end of the notice period or earlier by agreement.

2.8 Returning to the home force

In all cases it is essential that the return to the home force is a managed process by the home force.

Police staff should return to their exact role in their home force unless the role has been made redundant. In the case of redundancy appropriate consultation needs to take place.

For police officers the return process will begin when they are contacted and interviewed two to three months prior to the end of the secondment.

Consideration should be given to:

• matching the skills of the returning secondee to available vacancies

• the secondee’s level of skill and experience (including that gained during the secondment), and

• career aspirations

Whilst a secondee should not have any expectations they would return to precisely to the same role on their return. They will return to a post of the same rank. The return process should include managing the secondee’s expectations with regards to a new role in the home force. Decisions about the new role should be balanced between the needs of the organisation and the secondee.

To make the best use of the development opportunities of the secondment, the skills and experience should inform the secondee’s new objectives and Personal Development Plan.

Secondees should be kept informed of any organisational restructuring in their home force during their secondment.

2.9 Central Service Allowance (CSA)

Offices and staff to seconded to central services will qualify for a non-pensionable allowance of a standard rate of £1,260 per annum until the end of the secondment. It is the current agreed payment and should be applied consistently for all secondees. Any other payment a seconding body may choose to make does not form part of this guidance.

2.10 Other allowances

Secondees will continue to receive London weighting, London or South-East allowances if they receive these allowances in their home force, irrespective of the location of their secondment. The same principle applies to any other appropriate allowances as-well as sick pay the secondee may be entitled to in their home force.

Officers from provincial forces seconded to Central Services in London will receive London Weighting as a non-pensionable allowance. London Allowance is not payable under any circumstances to seconded officers from provincial forces.

Police officers remain governed by police regulations whilst on secondment. They will still be eligible for overtime payment (Constables and Sergeants only) and allowances such as, Essential Users Allowance, Away from Home allowance and all other regulatory payments.

2.11 Accommodation

Should accommodation be required, the presumption will be made that all secondees will be housed i.e. in property or a hotel provided by the host organisation.

2.12 Working time

Compliance with the working time regulations 1998 should be managed by the host organisation.

Annex A: Pre secondment reference check form

PRIVATE AND CONFIDENTIAL

URGENT IN CONFIDENCE PRE-EMPLOYMENT CHECK

DATE:[ ]

Dear

POST:

NAME:

The person named above has been recommended for secondment to a post in [Host Organisation]. The purpose of this letter is to conduct our standard pre- employment checks.

I would be grateful if you could confirm the level and expiry date of current security clearance by emailing this information directly to [INSERT ADDRESS]

Consider the employment reference questions overleaf, forwarding it the individuals line manager or counter signing manager if necessary, and ensure that the completed form is returned to me at [email address in Host organisation HR]

We cannot progress the Secondment of this individual without this information. It would be particularly helpful to me and the candidate if you could provide me with a reply at your earliest convenience.

Thank you in advance for your assistance

Yours sincerely

[Individual in receiving organisation HR]

This form may be photocopied, please use BLACK INK OR TYPESCRIPT

Candidate’s Full Name: …………………………………

Substantive rank/Grade: ………………………………..

Temporary rank/Grade: ………………………………….

Date employed, From: …………………….. To: ……….

Has the candidate’s work or attendance been adversely affected by health-related issues in the last 24 months?

Y/N (if yes please give details)

Has any action been taken against the candidate under the Police (Performance) Regulations 2012 or equivalent for police staff and do they have a “live” written improvement notice?

Y/N (if yes please give details)

Is the candidate the subject of, an investigation under the Police (Conduct) Regulations 2012 or equivalent for police staff and do they have a “live” final written warning or action plan ?

Y/N (if yes please give details

Please give details of any declared secondary employment that the individual has

…………………………………………………

Please confirm the individual’s annual leave entitlement

…………………………………………………

When does the annual leave year start / finish for this individual?

……………………………………………….

How much eave does the individual have left for this period, effective today?

………………………..

How many outstanding rest days does the individual have effective today?

…………………………………..

How many outstanding lieu days does the individual have effective today?

…………………………………..

How many days of parental leave does the secondee have until what date?

………

Signed ………………….. Position ……………………… Date……………….

Annex B: Police Officer Secondment Agreement and Terms of Reference

Please note that not all the elements of this agreement will apply for every secondment

Name and address:

Date:

Dear XXX

Agreement for your Secondment from XXX force/constabulary to the receiving organisation

I am pleased to inform you that we would like to offer you the post of XXX within the receiving organisation. This post is offered as a secondment opportunity, in the rank of XXX.

The secondment has been approved by XXX of XXX force/constabulary.

It is important to acknowledge that our organisational structure and the activities allocated to teams and individuals could change therefore, we may need to amend your job title or function as necessary. We will advise you of any such proposals as they emerge. Your terms and conditions detailed within this contract are unlikely to be affected, however we will advise on any potential proposed change as required.

This offer is made to you subject to you not having an incompatible business or other interest.

Code of Ethics

The Code of Ethics, created by the College of Policing for everyone in policing, sets out the exemplary standards of behaviour for everyone who works in policing. It, together with a Q and A, is available on the College website (www.college.police.uk).

1: Status of secondee:

You will remain a member of XXX force/constabulary for the duration of the secondment and will not become, or be regarded as, an employee of receiving organisation. This agreement is not a contract of employment.

2. Duration:

Your initial period of secondment will be for a period of XX and could be extended with the agreement of all parties.

Your duties with the receiving organisation commence on XXX and the secondment will terminate on XXX.

3. Location:

Initially your usual place of duty will be XXX but change could occur at some future date, dependent upon national requirements.

4. Pay, Overtime, Allowances & Entitlements:

Whilst on secondment XXX force/constabulary will be responsible for your payroll and will invoice the receiving organisation for the salary and pension contributions for your secondment on a quarterly basis.

Whilst on secondment you may be entitled to the following allowances and pay enhancements:

• Central Service allowance of £X per annum (delete if not applicable)

• Home working allowance of £X per annum (delete if not applicable)

Temporary Promotion

Where temporary promotion is given, the difference between the pay for the seconded officer’s substantive rank and the pay for the Central Service post may be treated as either a pensionable enhancement to his or her salary (that is, it is included in his total pensionable pay) or as a non- pensionable allowance. The seconded officer must decide, (it is recommended that the officer take independent advice), as to which option will be most advantageous in his or her particular circumstances.

This service will be counted on return to home organisation. Pension contributions on the additional pay will be made.

Your working hours are a minimum of XX hours per week. Working time directive applies for excessive hours. It is anticipated that you will not work more than 48 hours per week.

Your normal working week is XXX however you may be required to work XXX depending on your role. In this case you will be entitled to overtime, if eligible or the time back in agreement with your line manager.

Weekend/rest days or other home to work travel

Officers seconded to Central Services (CS) who have not relocated or been provided with a hotel or other accommodation are entitled to claim reimbursement of the costs of their return travel between the CS unit and home at weekends/rest days. Officers who continue to live at home and travel to/from a receiving organisation site daily are entitled to claim reimbursement of the costs of their travel between the two locations.

Reimbursement will be made in line with home force policy on mileage, rail travel and air travel and should be claimed directly from the home force. The home force should then claim this from the receiving organisation.

OR

Reimbursement/bookings will be made in line with receiving organisation policy on mileage, rail travel and air travel and should be claimed/booked directly from the receiving organisation.

HMRC rules stipulate that secondments are regarded as “permanent transfers” if their duration is expected to exceed 24 months. Accordingly, as soon as the secondment is expected to exceed 24 months, payments of travelling expenses (whether reimbursed or paid on the secondee’s behalf) will be taxable in relation to all journeys between the secondee’s workplace with the receiving organisation and:

• the secondee’s home

• any other place that is not a workplace e.g., temporary accommodation close to the secondee’s workplace.

Tax, and where appropriate, National Insurance, will be levied on all such expenses reimbursed to secondees. Where the travel costs are paid direct by the receiving organisation, the home force will be notified of these costs in order that they may be added to your home force payroll monthly.

A secondment of less than 24 months carries no tax or national insurance liabilities to either the receiving organisation or the seconded officer.

[Optional -Homeworking/Dual working – example policy that can be deleted if not required:]

5. Expenses

You may be required on occasion to travel to receiving organisation sites and stakeholder premises in the performance of your duties. These trips should be booked using [the home force system/or XXXX system].

Expenses can be reimbursed via [INSERT NAME OF SYSTEM] in line with Home Force policy.

Please note that there may be specific tax implications for home workers which should be discussed with the HR business partner from your Home Force.

Whilst on Secondment reimbursement will be made in line with [home force policy on mileage/or XXX system], rail travel and air travel and should be claimed directly from the Home Force. The Home Force should then claim this from the Host Organisation.

6. Contact details for support and welfare:

Your key HR contact in your home force will be XXX and for the receiving organisation will be XXX. Your receiving organisation line manager will be XXX.

It is important that you ensure you are aware of keeping in touch arrangements with your home force

7. Policies & practices:

You have been made aware of the policies and collective agreements to which you must adhere and, where appropriate, have been given copies. These policies and practices may change from time to time and you will be advised accordingly of any such changes.

8. Management Procedures:

Whilst on secondment your performance will be assessed using the receiving organisation appraisal system. If an officer is on the incremental pay scale for their rank, it is essential a professional development review/ appraisal is undertaken for Pay Progression Standard purposes to allow the officer to continue to be eligible for pay progression increments.

9. Leave and absence:

Whilst on secondment you will retain your annual leave entitlement as you currently receive in force. Please ensure you provide your receiving organisation line manager with a copy of your latest annual leave record.

Periods of leave that are taken whilst on Secondment to the receiving organisation should be advised to your home force on a regular basis in order that your leave record can be updated.

Annual leave will be approved by XXX.

Please be aware that there may be no system in place to accrue or use rest days during your secondment. You are therefore requested to clear any outstanding lieu or rest days with your home force before commencing your secondment.

10. Attendance management, sickness absence and other leave:

Whilst on secondment you will be subject to the procedures of your home force in respect of attendance management, sickness absence, maternity/paternity/adoption and other leave schemes. Your receiving organisation line manager should also be notified of any absence.

11. Unsatisfactory performance or attendance, and conduct allegations:

Chapter 4 of ‘Home Office Guidance Conduct, Efficiency and Effectiveness: Statutory Guidance on Professional Standards, Performance and Integrity in Policing’ (2020)^{[footnote 1]} sets out procedures for dealing with matters of unsatisfactory performance or attendance and conduct allegations in respect of police officers who are seconded under the provisions of Section 97 of the Police Act 1996.

12. Formal Investigations and Disciplinary Procedures Seconded Officers:

Chapter 4 of ‘Home Office Guidance Conduct, Efficiency and Effectiveness: Statutory Guidance on Professional Standards, Performance and Integrity in Policing’ (2020) sets out sets out the principles for dealing with allegations of misconduct or gross misconduct in respect of police officers who are seconded under the provisions of Section 97 of the Police Act 1996.

13. Health & Safety:

Whilst on Secondment the Host Organisation will be responsible for compliance with Health and Safety legislation. A copy of the Health and Safety policy is available upon request.

14. Injury awards and provision of treatment & rehabilitation in cases of long-term sickness, and all other HR policies:

Please refer to your home force policy..

For all other policies such as leave types, please refer to your home force.

15. Training:

Whilst on secondment you will have access to training and development as agreed with your receiving organisation line manager. You can also access your appraisal system.

16. Pensions:

For the period of the secondment, you will remain a member of your current pension scheme in your home force.

17. Liability for Unlawful Acts:

A chief officer has vicarious liability for the unlawful acts of an officer who is under his direction and control (section 88 of the Police Act 1996).

Where an officer is undertaking relevant service with HMICFRS, an organisation under section 57 of the Police Act or as an adviser to the Secretary of State, then the Secretary of State is vicariously liable for any unlawful acts (section 97(9) of the 1996 Act).

Where an officer is seconded to IOPC, SOCA or the College of Policing, the receiving organisation is vicariously liable (Schedule 2 to the Police Reform Act 2002, section 28 of the Serious Organised Crime and Police Act 2005 and Schedule 1 to the Police and Justice Act 2006, respectively).

18. Powers and Warrant Cards (Section 97 (s97) of the Police Act 1996 and Regulation 13A (r13A) of the Police Regulations 2003)

Police officers have police powers only in England and Wales and will normally retain their warrant cards while on secondment in the UK or abroad. Officers engaged in domestic type relevant service remain as constables and continue to possess the powers of a constable.

Designated police staff such as Community Support Officers cannot exercise their police powers while on secondment. This is because the original designation by the chief officer for their home police area is only effective in that area, and since they are not employed by the Police and Crime Commissioner for the receiving police area, they cannot be re-designated by the chief officer there.

19. Security clearance and vetting

Annex D must be completed before you may take up your secondment opportunity with the receiving organisation.

20. Intellectual Property Rights:

It is acknowledged that any materials produced by you, name of officer, during the normal course of your secondment to, and in the performance of your duties as staff of the receiving organisation, the intellectual property rights (including the copyright) in any reports, documentation or materials produced shall vest in the receiving organisation.

You are also required to discuss with your line manager if you will be generating Intellectual Property outside your normal course of employment but during, and as a result of, your employment. This includes if you are using receiving organisation materials and/or equipment. If appropriate, a formal agreement with the receiving organisation can be negotiated.

21. Homeworking: Delete if not applicable:

The receiving organisation may give you one month’s notice that it requires you to work from its premises instead of working from home on any or all days you are contracted to work.

Place of Work:

Your normal place of work is your home address which is currently XXX. You may be required from time to time, at the request of your line manager, to visit and work at such other locations and for such times as we consider necessary for the proper performance of your duties.

You are required to inform us as soon as possible if you plan to change your home address.

Home Working allowance:

The receiving organisation shall pay you £X per month towards the cost of your utilities.

Equipment and Insurance:

The receiving organisation shall provide you for your sole use the following property and equipment (“receiving organisation Property”) for the purpose of carrying out your duties under this agreement:

• [INSERT]

• [INSERT]

For the avoidance of doubt the receiving organisation equipment or items shall remain the property of the receiving organisation throughout your employment and you shall not permit use of it by any person other than yourself and authorised representatives of the receiving organisation.

The receiving organisation shall install, service and maintain the receiving organisation equipment or items, as necessary, at our own expense. You shall be responsible for any damage to the receiving organisation equipment or items which goes beyond ordinary wear and tear. You are required to report to us any such damage or malfunction of the receiving organisation equipment or items as soon as you become aware of it.

You shall be responsible for taking out and maintaining a valid policy of insurance covering the receiving organisation against fire, loss and damage throughout your employment. You shall ensure that the level of cover and other terms of insurance are acceptable to us and shall on request supply to us copies of such insurance policy and evidence that the relevant premiums have been paid.

Home-workers should inform their domestic buildings and contents insurers of the change of usage to ensure that carrying out work at home does not affect their level of cover. If this results in an increase in annual premium, and subject to the provision of satisfactory documentary evidence, the receiving organisation will meet these additional costs. It is not necessary for jobholders to insure receiving organisation property on their domestic insurance against the possibility of theft. In the event of loss, the receiving organisation will replace at no cost to the individual providing reasonable precautions have been taken to secure the equipment and work environment against theft.

You shall not carry out, cause or permit any act or omission which will invalidate the insurance policy covering the receiving organisation Property.

Right to Enter: (this clause will not apply to all secondments)

You consent to our representatives, at reasonable times and on reasonable notice of no less than 24 hours, entering your home address to:

(a) install, inspect, replace, repair, maintain or service receiving organisation property during your employment. These tasks will be conducted in work hours.

(b) carry out health and safety risk assessments of the receiving organisation property and your workstation during your employment.

(c) recover the receiving organisation property on or after termination of your employment.

22. Working Time Entitlement:

a) Your hours of work under the home working arrangements may be varied so that you are required to work XX hours each week, to be worked at such times and on such days of the week as you may determine, provided that you shall be available at home between such hours as we may reasonably specify from time to time. Wherever possible police officers of the rank of constable or sergeant should be given a Police Regulations compliant shift pattern.

b) You are entitled to a rest break of 20 minutes for every net six hours that you work. It is your personal responsibility to ensure that you take this rest break.

c) You agree to comply with all health and safety guidelines and instructions which we may give to you from time to time and to complete without delay all health and safety questionnaires that we may send to you from time to time.

d) You agree to comply with our electronic communications systems policy and other relevant policies, in particular the receiving organisation’s flexible working policy, which includes home working, which is available on our Intranet.

e) You confirm that you are not in breach of any covenant or agreement in doing work at your home.

f) During your secondment, you will be required to perform your duties in uniform subject to the agreement of your Home Force and the requirements of your line manager (delete as appropriate).

Should you have any queries please do not hesitate to contact the undersigned.

Yours sincerely

Name

Tel:

Email: [INSERT]

Please return all documentation by email to [insert]

If you are unable to do this for any reason please return by track and trace or recorded delivery to the receiving organisation, [insert]

Enclosures:

Job Description

Official Secrets Acts Leaflet and Form

Personal Details Form

Staff Network User Security Instructions

Internet and Email Acceptable Use Policy

Business Interest Declaration Form (See Appendix)

Draft Business Interest Policy

Security Compliance Letter (SCL)

Letter to Force

Cc: Human Resources Department, xxxxxxx Police/Constabulary Receiving organisation Personal File

Acceptance of terms and conditions:

By signing and dating this agreement, all parties agree the terms of name of secondee’s secondment to the Host Organisation

Signature of Secondee: …………………………………………. Date: …………………..

Name of secondee

Signed on behalf of Home Force:

Name: ………………………………………………………..

Position held: ……………………………………………..

Signature: …………………………………………………. Date: ……………………….

Signed on behalf of Host Organisation

Name …………………………………………………………

Position Held ………………………………………………..

Signature …………………………………………………… Date ………………………..

Annex C: Police Staff Secondment Agreement and Terms of Reference

Please note that not all the elements of this agreement will apply for every secondment

Police Staff Secondment Agreement

1. Parties to this Agreement

Secondee Name Address

E-mail address

Home Force

Organisation Name Address

Key Contact

Name Job Title

E-mail Address

Contact telephone number

Host Organisation

Key Contact

Name Job Title

E-mail Address

Contact telephone number

2. Terms of Secondment

The secondee will remain under the terms and conditions of the Releasing Organisation except where varied by this Agreement. This Agreement does not constitute a contract of employment between the Receiving Organisation and the Secondee.

Any variation will be agreed by the Receiving Organisation and the Secondee and confirmed in writing.

2.1 Job Title

2.2 Department / Business Area

2.3 Reason for Secondment

2.4 Normal Place of Work

2.5 Contracted Hours of Work (per week)

2.6 Secondment Start Date

2.7 Last Day of Secondment

The secondment may be terminated early in the following circumstances:

1. on 28 days’ written notice from the secondee or from the receiving organisation

2. on termination or resignation of/from employment with the home force

3. the task of the secondment ceases to exist (e.g., business priorities or funding have changed)

4. the personal circumstances of the secondee change, which might necessitate an earlier return to the home force

5. conduct or performance issues causing a secondee to no longer be suitable for the post

6. change of risk assessment

2.8 Scale SCP Range (From / To)

2.9 Starting salary £ (p.a.)

2.10 Annual Increment Date

2.11 Regular Allowance

2.12 Irregular Hours

2.13 Shift Allowance

2.14 Other (detail)

2.15 Special Conditions (e.g. Flexitime, Hybrid working, working pattern, political restriction, travel requirement)

2.16 Working Days and Times

The Receiving Organisation will be responsible for compliance with legal requirements including the average maximum number of hours that can be worked per week and the taking of breaks.

2.17 Set Days / Times

2.18 Flexitime

2.19 Annualised Hours

2.20 Term-time working

2.21 Payment for Working Additional Hours

2.22 Workplace arrangements

2.23 Hybrid Working (Flexible Place)

2.24 Payment of Salary

While on secondment the Home Force will continue to be responsible for the payment of salary. Payment will be made on the established Pay Day of the Home Force.

The Secondee agrees to comply with the Host Organisation policies and procedures concerning expenses and all pay allowances etc.

The Host Organisation agrees to advise the Home Force in a timely manner of all additional expenses / payments due to the secondee for inclusion in the payroll or other payment processes.

The Home Force will issue an invoice to the Host Organisation (at the address provided above at Section 1) quarterly in arrears for the salary costs - gross pay plus employer’s pension and national insurance contribution incurred through the secondment.

The Receiving Organisation hereby agrees to pay the salary cost invoice within 14 calendar days of receipt.

2.25 Pension

Pensions arrangements will continue in accordance with the provisions put in place by the Home Force.

2.26 Travel and Expenses

The policies and procedures of the Host Organisation will apply details are

2.27 Equipment

The Host Organisation will provide all essential equipment required for the purpose of carrying out the secondment.

The Host organisation will remain the owner of any equipment allocated to the Secondee. The secondee will not permit use of it by any person other than authorised representatives of the Host Organisation.

2.28 Annual Leave and Other Leave - the policies and procedures of the Host Organisation will apply, details are.

In respect of the determination of annual leave entitlement, where the secondment results in the annual leave entitlement for a leave year being determined by both the Home Force and Host Organisations (each for a part-year) the total entitlement for the year will be calculated according to the policies and procedures of each organisation for the relevant period.

The Key Contacts (or nominated alternatives) are responsible for calculating and communicating annual leave details – both entitlement and leave taken.

2.29 Grievance

The policies and procedures of the Home Organisation will continue to apply, and records of Grievances will be retained by the Home Organisation in accordance with its policies.

The Secondee should raise any concerns initially with their line manager, where the grievance relates to the period of the Secondment and can be resolved through informal action appropriate action will be taken by the Host Organisation.

At formal stages the Host Organisation will liaise with the Home Organisation to ensure that policy/procedure is followed. The Host Organisation will be responsible for investigating elements of the grievance relating to the period of secondment and conducting the formal process.

2.30 Misconduct

The policies and procedures of the Home Organisation will continue to apply, and records of Misconduct will be retained by the Home Organisation in accordance with its policies.

Misconduct sanctions will continue to operate and will not be impacted by the commencement / end of the Secondment.

Staff are expected to comply with the Standards of Professional Behaviour during the Secondment as well as any standards sets by the Host Organisation.

Where a misconduct allegation / concern relates to the period of the secondment and can be addressed through informal action appropriate action will be taken by the Host Organisation.

At formal stages the Host Organisation will liaise with the Releasing Organisation to ensure that policy/procedure is followed. The Host Organisation will be responsible for investigating elements of the allegation/concern relating to the period of Secondment and arranging the formal process. Formal decisions will be made by the Home Organisation.

2.31 Vetting

The Host Organisation should consider the Vetting requirement as part of the recruitment process and should satisfy themselves that the Secondee meets that requirement prior to offering the Secondment. Should the Secondee’s Vetting status be revised during the Secondment, and consequently fail to meet the required level of vetting clearance for the Secondment, the Secondment will be terminated.

2.32 Performance (incl Attendance)

The policies and procedures of the Home Organisation will continue to apply, and Performance records will be retained by the Home Organisation in accordance with its policies.

Performance management measures will continue to operate and will not be impacted by the commencement / end of the secondment.

Where there are concerns of underperformance, the Host Organisation should bring this to the attention of the Secondee at the earliest opportunity and instigate informal measures where appropriate.

At formal stages the Host Organisation will liaise with the Home Organisation to ensure that policy/procedure is followed. The Host Organisation will be responsible for investigating elements of the underperformance relating to the period of secondment and arranging the formal process. Formal decisions will be made by the Home Organisation.

2.33 Intellectual Property Rights

Any materials produced by the secondee during the normal course of their duties whilst on Secondment to the Host Organisation including any reports, documentation or materials produced shall vest in the Host Organisation.

2.34 Employment Policies and Procedures

2.35 Change Management

2.36 Code of Ethics

2.37 Professional Development Review (PDR) / Appraisal

2.38 Data Protection

2.39 Sickness (including Injury) Reporting / Attendance Management

2.40 Welfare

2.41 Training & Development

2.42 Health & Safety

2.43 Reasonable Adjustments

2.44 Indemnities

The Home Organisation shall incur no liability for loss, damage or injury of whatever nature sustained by the Secondee insofar as it arises as a result of any act or omission of the Host Organisation or any of its employees or officers or other personnel.

The Host Organisation shall incur no liability for loss, damage or injury of whatever nature sustained by the Secondee insofar as it arises as a result of negligence or any act or omission on the part of the Home Organisation or any of its employees or officers or other personnel.

The Host Organisation shall indemnify the Home Organisation against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, demands, penalties, fines or expenses suffered or incurred by the Home Organisation which are attributable to any act or omission by the Host Organisation or any other person for whom the Host Organisation is responsible.

The Home Organisation shall indemnify the Host Organisation against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, demands, penalties, fines or expenses suffered or incurred by the Host Organisation which are attributable to any act or omission by the Home Organisation or any other person for whom the Home Organisation is responsible; arising out of the Secondee throughout the duration of the secondment, save that the Host Organisation shall be liable for any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, demands, penalties, fines or expenses suffered or incurred by the Host Organisation which are attributable to any act or omission by the secondee throughout the duration of the secondment.

All parties hereby confirm that they have read, understood and accept the secondment described in this document.

Secondee:

Signature

Date

Name

Releasing Organisation:

Signature

Date

Name

Organisation Name

Receiving Organisation:

Signature

Date

Name

Organisation Name

Annex D: Staff / Officer Welfare / Links with Home Organisation

Please note that not all sections of this annex will be applicable for every Secondment

KIT

It is important that there is a named key contact in the Home Force who is responsible for ensuring that the Secondee is kept in touch with the Home Organisation and kept up to date with relevant developments including access to corporate information and being alerted to any news releases and opportunities.

The frequency of contact should be agreed at the outset of the agreement and a record should be kept of the exchange or conversation and any action required. The contact is also responsible for sending any information and communication that is generally sent to all staff either in hard copy or via e-mail, together with any information specific to their area of work.

It is good practice for each force to operate a secondment register to monitor and manage the duration and operation of secondments to and from their force. Home Organisations should consider arranging ‘Keep in Touch’ days with the Secondee to maintain up to date contact.

Support, Welfare and Health and Safety

All parties should carefully consider both the advantages and disadvantages of the move. Particular types of Secondment may carry increased levels of pressure on both the Secondee and Host organisation, and all parties need to take account of any potential health and safety issues, especially if the nature of the work is likely to be more arduous. The Home Organisation and the Host Organisation should consider their duties under the Health and Safety legislation and ensure that they are complied with.

The Host organisation must produce a suitable and sufficient risk assessment before the secondment and provide any training required for the activity to be undertaken. Where applicable and before the secondment the receiving organisation should supply the secondee with copies of the threat and risk assessment, pre-deployment security training requirements and a copy of the role/job description. At the beginning of the secondment the Host organisation will provide induction training, which will include ground familiarisation and provide copies of the risk assessment based on the secondees’ role/job description.

Secondment agreements must make it clear where the responsibilities for reporting, pregnancy, maternity and paternity arrangements, sickness absence, sick leave and sick pay entitlements, subsequent action and provision of treatment and rehabilitation (if necessary) lie. If an injury or illness during a secondment leads to a long-term absence, the receiving organisation may wish to return the secondee to the Home Organisation. It must be made clear before the secondment under which circumstances this might apply.

As a general rule, day-to-day support should be available from the Host Organisation. However, the Home Organisation should still make its support services available, and in particular should be on hand if any longer-term support arrangements are required.

The Secondee needs to be aware of the Health and Safety Policy applying in the Host organisation and receive a copy of the policy, which should set out the secondee’s and receiving organisation’s responsibilities and obligations. This should be included in the secondment agreement as it is in normal contracts of employment.

Injuries while on secondment

Should a secondee develop a condition or incur an injury which may affect their ability to continue to perform all aspects of their seconded role, the Host Organisation will be required to make reasonable adjustments to enable the Secondee to continue in the role. The duty to make reasonable adjustments in respect of persons with a disability are outlined in section 20 and 21 of the Equality Act 2010.

If, having considered all reasonable adjustments in consultation with the secondee, the secondment cannot continue as the secondee cannot undertake all or the majority of the role, then the secondment should be terminated and the secondee returned to their home force. Consideration of the secondees future, including alternative roles and consideration for ill-health retirement becomes a matter for the home force.

Police (Injury Benefit) Regs 2006

Police officers are covered under the Police (Injury Benefit) Regulations 2006^{[footnote 2]} while on relevant service.

Liability for injuries suffered whilst on Secondment rest with the Host Organisation this includes where the Police (Injury Benefit) Regulations 2006 are applicable regardless of them being administered by the Home Organisation’.

Decisions regarding the eligibility for an injury award must be made in accordance with the Police (Injury Benefit) Regulations 2006 and Police Negotiating Board Joint Guidance on Improving the Management of ill-health.

Death of an Officer

If an officer dies during a Section 97 secondment, the home force will make arrangements for pensions and death grant and should be the key contact for the next of kin/beneficiary. However, the receiving organisation, in cases where the condition or injury resulting in death has been incurred as a direct result of the secondment activity, should reimburse the home force for any payments required to bring survivor benefits payable under the police pension schemes up to a level of the relevant death gratuity and survivors’ pension under the Police (Injury Benefit) Regulations 2006.

Where officers have opted out of any of the three Police pension schemes, and the injury or death are attributable to the officer’s execution of duty whilst on secondment, the receiving force is responsible for the cost of any injury or survivors‟ award payable, as the injury award scheme is non-contributory and therefore applies to all officers regardless of membership of any Police Pension scheme. For Police staff any injury benefits set out in contracts of employment will apply.

Staff – Pension / Injury Benefit / Death

Where staff on secondment are members, or are eligible to be members, of the Local Government Pensions Scheme or Principal Civil Service Pension Scheme, similar arrangements will apply. The injury benefit provisions for those who are, or are eligible to be, members of the Local Government Pension Scheme are set out in the Local Government (Discretionary Payments) Regulations 1996 (SI 1996/1680)

Performance management

Before the secondment begins the basis for managing, supporting and assessing the individual’s performance and development must be agreed. If the Performance Development Review (PDR) is to be used by the receiving organisation then it must be made clear that any assessment through the PDR will be recognised by the home force. If this is agreed then there is not a need for two appraisals to be completed.

Whilst police officers are subject of the Standards of Professional Behaviour both on and off duty the Performance Regulations 2012 do not apply to officers working outside of the police force. The secondment agreement should set under which circumstances a secondment can be terminated early for performance issues including attendance. In cases of poor performance, the secondee’s manager in the receiving organisation should raise performance issues with the secondee informally in the first instance. If performance issues cannot be dealt with informally, the receiving organisation may terminate the secondment.

Training and development

Secondees, home forces and the receiving organisations all have a responsibility to ensure that appropriate development and training takes place during the secondment.

A development plan and PDR are an appropriate means for performance management. Training and development needs should be captured and discussed at the beginning of the secondment period and should address:-

• Training and development needed within the seconded role. This should be the responsibility of the receiving organisation.

• Future career development needs should also be considered. By their very nature, most secondments will include a career and professional development element.

Secondees should also be able to attend any suitable and relevant training opportunities that the receiving organisation provides and, where appropriate and practical, should be released for training in their home force. As part of drawing up the secondment agreement consideration should be given to which organisation will bear the cost of any training.

Complaints, grievances, conduct and discipline

The secondment agreement must include clear procedures for complaints and grievances as well as conduct and discipline.

Complaints or grievances

For complaints against the secondee or grievances against a colleague during the secondment, the receiving organisation’s standards and procedures will apply. If a complaint against the secondee is upheld, the secondment may be terminated early. Home Office Guidance on Conduct, Efficiency and Effectiveness: Statutory Guidance on Professional Standards, Performance and Integrity in Policing^{[footnote 3]} sets out the procedures for dealing with matters of unsatisfactory performance or attendance and misconduct allegations in respect of police officers who are seconded under the provisions of Section 97 of the Police Act 1996.

Conduct and discipline

The Police (Conduct) Regulations 2020 may not apply while an officer is on secondment to an organisation other than the police service.

However, police regulations can apply after the secondment in respect of behaviour during the secondment (see Home Office guidance).

For police staff the Police Staff Standards of Professional Behaviour would apply. In practice each case will need to be considered and the home force and receiving organisation will need to decide on the best course of action ensuring fairness to all concerned.

The right for a secondee to be represented by a Trade Union in a dispute or other procedure should be reflected in the secondment agreements.

Annex E: Regulatory Framework

CENTRAL SERVICE UNDER SECTIONS 57 & 97 OF THE POLICE ACT 1996

Provisions for Central Services and seconded officers are contained in Sections 57 and 97 of the Police Act 1996. In effect, Central Service is defined as meaning temporary service under the Crown in connection with the provision by the Secretary of State of certain organisations and services on which a person is engaged with the consent of the appropriate authority.

Section 97(3) of the Act provides that officers on Central Service will not be treated as members of their parent Forces during the period of Central Service, except to the extent provided in that Section. Section 97(8) of the Police Act 1996 also provides that officers on Central Service will continue to be constables and are to be treated as members of their parent Forces for certain additional specified purposes. The position is summarised in the following paragraphs.

Section 97(3a) and Section 97(3b) provides that an officer is entitled to revert to his/her Force in the rank in which he/she was serving immediately before being engaged in Central Service, and that Central Service counts towards length of service for pay purposes.

Section 97(5) allows a Force to promote an officer who is on Central Service in absentia. In such cases, the officer has the right to revert to his/her Force in the rank to which he/she has been promoted and his/her pay is reckoned as though he/she had served in that rank from the date of his/her promotion.

Section 97(6) provides that a member of a police Force who has completed a period of Central Service may be dealt with under the Police (Discipline) Regulations for anything done or omitted while he/she was engaged on Central Service as if that service had been service in his/her own police Force.

Section 97(8) provides for Central Service officers to be treated as members of their parent Forces for the purposes of Sections 30, 59, 60, 64 and 90 of the Police Act 1996. The effect of this is that they retain their police powers, remain members of the Police Federation (or the appropriate police staff association) and are prohibited from being a member of a trade union and have the right to wear uniform. Section 97(8) also has the effect of applying Section 89 (which provides protection against assault) to Central Service officers.

Section 11(1(c)) of the Police Pensions Act 1976 provides that Central Service counts for pension purposes.

Please note the following:

BUSINESS APPOINTMENT RULES (BAR)

The Business Appointment Rules apply to all people working for the Home Office including police officers on secondment to the receiving organisation. Under BAR, formal applications for approval must be made by anyone seeking employment within the first 2 years of leaving the Service if they have had official dealings with their prospective employer during the previous 2 years of Crown Service.

Applications for such approval should be made to the receiving organisation HR team. Full details of BAR are available.

1. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863820/Home_Office_Statutory_Guidance_0502.pdf ↩

2. To be amended to reflect 2015 regs ↩

3. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863820/Home_Office_Statutory_Guidance_0502.pdf ↩