L 11060 Protocol - Secondary Employment and Business Interests

Number: L 11060
Date Published: 6 February 2024
Version 5 – February 2024

1.0 Summary of Changes

1.1 This protocol has been reviewed on February 2024 with minor amendments:

• Section 2.4 added;
• Sections 3.6 and 3.11 now include ‘appropriate delegate’ to act on behalf of the Head of Resourcing;
• Section 8 is updated with the latest disposal schedule.

2.0 What this Protocol is about

2.1 This protocol outlines the process and procedure which individuals are required to follow prior to undertaking any form of secondary employment. It also details the process that line managers and key decision makers are required to follow prior to approving individuals to undertake any form of secondary employment or business interest.

2.2 This protocol applies to:

• Police officers;
• Police staff (including Police Community Support Officers);
• Police volunteers;
• Special Constabulary officers; and
• Zero hours contract employees.

2.3 Please Note: For ease of reference, from here on in, these roles will be referred to collectively as ‘employees’.

2.4 The Head of HR Resourcing may exercise discretion to consider reasonable exceptions to this protocol, where there is clear rationale on a case-by-case basis.

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 recognises that although it is important that certain restrictions are imposed on the private lives of police officers and police staff, they must be applied sensibly and flexibly in all cases. It is each force's intention to encourage an open culture where people are not apprehensive about disclosing their business interests and/or secondary employment and where officers and police staff are protected by having reasonable interests approved. However, officers and staff will not be permitted to develop second full time or competing careers.

3.2 The Police Regulations 2003 impose restrictions on the private lives of police officers. The objectives of the regulations is to ensure not only efficiency in doing the job, but also that officers shall at all times abstain from any activity which is likely to interfere, or give the impression of interfering, with the impartial discharge of their duties. The Regulations state that in particular a member of a police force shall not take any active part in politics. The underlying principles of the Guidelines on the Management of Business Interests & Additional Occupations for Police Officers & Police Staff are applied in the consideration of all applications for secondary employment/business interests.

3.3 Police staff form an important, integral part of Essex Police and Kent Police and as such it is essential that the ethos contained within the Police Regulations 2003 are reflected accordingly and appropriately as relevant. This will ensure that all members of the Police Service are able to impartially discharge their duties.

3.4 Standards of Professional Behaviour

3.4.1 In accordance with the Standards of Professional Behaviour (SPB 9:

Discreditable Conduct) and the Code of Ethics an approved business interest should always be carried out in a way that does not compromise or give the impression of compromising the police officer’s impartiality and is not incompatible with membership of a police force (as set out in Regulation 7 of Police Regulations 2003).

3.5 Definitions

3.5.1 A police officer or member of police staff is deemed to have a business interest if:

3.5.1.1 The member holds any office or employment for hire or gain (otherwise than as a member of a police force) or carries on any business;

3.5.1.2 The member, his spouse or civil partner (not being separated from him) or any relative included in his family living with him holds, or possesses a pecuniary interest in, any such licence or permit as is mentioned in paragraph 3.5.1.4;

3.5.1.3 A reference to a relative included in a member's family shall include a reference to his/her spouse, civil partner, parent, son, daughter, brother or sister;

3.5.1.4 The licence or permit referred to in paragraph 3.5.1.2 is a licence or permit granted in pursuance of the law relating to liquor licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question;

3.5.1.5 The exception to notifying a business interest is where an income is generated in circumstances relating to pension payments or interest payments received on savings or investments;

3.5.1.6 Police officers and staff must not use force working time and/or force equipment for setting up or conducting any secondary employment activity/business interest.

3.5.2 A police officer or member of police staff is deemed to have secondary employment if:

3.5.2.1 He or she holds any other employment or carries on any business for gain, for which payment in cash or kind is received.

3.5.3 If an individual is in any doubt as to whether or not their secondary employment or business interest meets the definitions above they should seek advice from Human Resources - [REDACTED TEXT].

3.6 Procedure

3.6.1 A police officer or member of police staff who has, or proposes to have, a secondary employment or a business interest (financial, non-financial or voluntary) must give written notice to the Chief Constable using the Notification of Secondary Business Interests form which can be found by clicking here. This is to be forwarded through the individual's line manager to their LPA/Divisional Commander/Head of Department for endorsement.

3.6.2 The LPA/Divisional Commander/Head of Department when reviewing an application for business interest or secondary employment will consider:

• Whether it is a secondary employment or business interest which must be reported in accordance with Police Regulations and/or force policy;
• Whether it is compatible with the individual remaining a member of the force; and
• If approved, what conditions or restrictions should be imposed.

3.6.3 The LPA/Divisional Commander/Head of Department must forward the application to the Head of Resourcing via [REDACTED TEXT] Where appropriate, the Head of Resourcing will consult with the Head of Professional Standards and Head of Legal Services in consideration of the application.

3.6.4 The Head of Resourcing, or appropriate delegate, (Appropriate Authority for the purposes of such considerations), acting on behalf of the Chief Constable, will usually notify the individual of their preliminary decision in writing within 28 days. Where the Head of Resourcing’s preliminary decision is to decline an individual’s application or where conditions are applied to the approval, then the individual will be provided with the opportunity to make oral/written representation against the preliminary decision.

Should no representation be made, the conditions applied or rejection will stand and the preliminary decision will be deemed to be the final decision from the Head of Resourcing. Where representations are made, the Head of Resourcing will consider such representations and will write to the individual with the outcome following appropriate consideration.

3.6.5 The intellectual property rights to any work produced by a police officer or member of police staff in the course of their duties or employment will become the property of the Chief Constable’s of Essex Police and Kent Police in accordance with the Copyright, Designs and Patents Act 1988.

Therefore, as a principle, Essex Police and Kent Police will not normally support or approve requests for secondary employment or business interests from any officer or member of staff that involves them seeking to exploit such intellectual property or knowledge.

3.6.6 Use of the Chief Constable’s staff and equipment is prohibited for any activity other than official force business, unless the Chief Constable has approved such use and has determined an appropriate payment for the provision of such services. This includes the use of force owned vehicles. Police officers and staff are liable for damage caused to a vehicle on an unauthorised journey. Employees may also be guilty of driving without insurance.

3.6.7 Police officers and police staff are reminded that they have a duty of care towards all property and assets. This includes equipment and materials, whether or not they are currently in use, and waste that may have a recovery value.

3.6.8 Procedures for handling property and assets are laid down by the Financial Regulations, which are a safeguard for all staff as well as protecting the public interest. Anyone unsure of their contents should ask their line manager, who may seek guidance from the finance department.

3.6.9 The misappropriation of property is a disciplinary offence. Misappropriation means deliberate theft, unauthorised or personal use, even when that is for charitable purposes, or selling force property, without specific approval for personal gain.

3.6.10 Special Constables

3.6.10.1 NPIA Circular 01/2011 imposes restrictions of the eligibility for recruitment for Special Constables (http://recruit.college.police.uk/Special/Documents/npia-01-20112835.pdf).

Employees in certain occupations are ineligible to be appointed as Special Constables due to legislation. In the case of certain other occupations, employers have stated that they consider it to be inappropriate for their employees to become Special Constables, for example because they perform public facing uniformed roles. When considering a Business Interest application, Professional Standards will have due regard of these restrictions both at the point of recruitment and during service should there be change in the circumstances of a Special Constable.

3.6.11 New Applicants

3.6.11.1 New applicants are required to declare any existing business interest that they may intend to continue should they be appointed. Applicants will not be eligible for appointment if they intend to maintain a business interest that is not compatible with being a member of either Kent Police or Essex Police. If an applicant’s existing business interest/additional occupation is deemed incompatible, then either the applicant will be required to cease their involvement with that business interest/occupation or their application will be rejected. There is no right of appeal for new applicants.

3.6.12 Police Volunteers and Special Constabulary Officers

3.6.12.1 Police volunteers and Special Constabulary officers must declare their primary occupation at the application stage of the recruitment process. Any changes to the primary occupation or business interest must be notified in line with this procedure.

3.7 The General Rules

3.7.1 The general rule is that a police officer or member of police staff, or a prospective police officer or prospective member of police staff, who undertakes an activity or intends to do so, for which payment in cash or kind is received, should assume that it constitutes a business interest or secondary employment, which requires to be reported.

3.7.2 Additionally, any police officers or member of staff having any proprietary interest in any business or holding any office (for example roles such as political office, formal election agent, director, governor, reserve forces, parish councillor), whether receiving payment or not, should assume that it constitutes a business interest which requires to be reported. Individuals seeking to carry out additional roles within Kent Police/Essex Police (the individual’s home force) e.g. Special Constable will not require reporting. Where these roles do not involve a hire or gain, or any other of the elements covered in 3.5 definitions, [REDACTED TEXT].

3.7.3 If either activity involves a tendering process then it will be considered to be a business interest at the beginning of this tendering process and should be reported as such.

3.7.4 In determining whether an application will be approved consideration both the underlying principles of the Guidelines on the Management of Business Interests & Additional Occupations for Police Officers & Police Staff and:

• The individual making the application;
• The individual’s rank and role;
• The nature of the secondary employment or business interest;
• Professional standards clearance.

3.7.5 Approval of secondary employment will be subject to professional standards clearance and individuals should be aware that this may involve the professional standards department undertaking intelligence checks on both the applicant and the proposed secondary employer. In cases where approval is not granted due to generated intelligence the Chief Constable reserves the right not to provide individuals with the explicit rational for non-approval.

3.7.6 The force will not approve working within the private security industry or providing any similar services that are or could be discharged by the police.

3.7.7 The force will not approve secondary employment or business interests, which involve using the force’s official premises or property, including use of vehicles.

3.7.8 The force will require police officers or police staff whose business interests are approved by the Chief Constable to take out private insurance cover and to indemnify the Essex Police and Crime Commissioner or Kent Police and Crime Commissioner from any claim or loss or absence from work as a result of any activities associated with these secondary employments or business interests.

3.7.9 All approved business interests are subject to yearly review by line managers so that Essex Police and Kent Police can be assured that the nature, extent or scope of the business interest is still in accordance with that given approval at the outset.

3.7.10 Where business interests have changed, Essex Police and Kent Police may review the authorisation, require limitations to be adhered to or, in certain circumstances, revoke the authorisation.

3.8 Guiding Principles

3.8.1 In addition to considering any application for secondary employment/business interest against the ACPO Guidance on the Management of Business Interests & Additional Occupations for Police Officers and Police Staff, the following questions must be considered against each application:

• Is the individual likely to be unavailable for duty because of the secondary employment or business interest?
• Is it likely that the employment or business activity will adversely influence the individual’s judgement on police matters?
• Is it likely to influence the individual’s judgement in matters relating to tendering contracts or the force's relations with actual or potential suppliers of goods and/or services?
• Is it likely that the secondary employment or business activity will enhance/improve the individual’s skills and performance?
• Is the individual likely to be exposed to unnecessary physical harm or fatigue, potentially affecting the efficient performance of his/her duty, or rendering the individual incapable of work and creating sickness absence?
• Is it likely that the secondary employment or business activity will place the individual in contravention of the law when it is undertaken in conjunction with the individual’s tour of duty? (E.g. exceeding driver’s hours);
• Does the activity involve other people within Essex Police and Kent Police or have the potential to create a conflict of interest or risk compromising relationships with others within the workplace? The Force will not generally permit networking (canvassing for business recruitment);
• To what extent does the secondary employment rely on any extent upon specific skills, knowledge and expertise gained by working for Essex Police and Kent Police or as a result of the development of systems, products or services for which Essex Police and Kent Police can claim intellectual property rights?

3.8.2 Individuals should note that whatever role private or public they remain covered by the Code of Ethics and the Standards of Professional Behaviour and should not through their verbal or written communication or actions, bring Essex Police or Kent Police into disrepute or contravene these codes or standards.

3.9 Spouses, Civil Partners or Relatives

3.9.1 Police officers and police staff do not need to report the secondary employment or business interests of their spouses, civil partners or relatives unless they fall within the criteria at paragraph 3.5 above.

3.10 Review and Suspension of Secondary Employment and Business Interests

3.10.1 Each secondary employment or business interest approved on behalf of the Chief Constable will be subject to review and the Chief Constable reserves the right to revoke his/her authority at any time should a secondary employment or business interest become incompatible with the role and responsibilities of a police officer or member of police staff.

3.10.2 The line manager as part of the Employee Checklist process will carry out a review annually. A review will also be conducted when an individual is subjected to vetting procedures. In addition to the line manager review, individuals will be sent an annual review form by Human Resources which they are required to complete and return to ensure that the approval of an existing secondary employment/business interest remains current and that there are no changes in circumstances which may bring into question the continued approval.

3.10.3 Individuals who, following approval of a secondary employment/business interest, change their working hours or role are required to notify ’HR – Business Interests’ by email within 7 days of the change of their role/hours being confirmed to them. The individual will be sent a review form to complete and submit within 7 days.

This review process will ensure that any potential conflict can be considered and that appropriate consideration is given to the compatibility of the individual’s secondary employment/business interest and the new role / hours being performed. Individuals who are placed on restricted/recuperative duties are also required to notify ‘HR – Business Interests’ of this within 7 days of the placement on restrictive/recuperative duties to confirm that approval to undertake secondary employment/business interest remains.

3.10.4 In the event of a review concluding that there is a need to suspend or alter the authorisation for an individual’s secondary employment or business interest then the Head of Resourcing will provide written notification of this fact, with supporting rationale and right of appeal. This will be served to the individual via a member of their Senior Management Team. Notification is subject to paragraph 3.7.5 above.

3.10.5 Where an individual has secondary employment/business interest approved and they are unable to attend work due to frequent or long term sickness absence or perform their role due to a medical restriction/recuperative duties there is an expectation that the individual does not undertake any activity relating to their secondary employment/business interest without prior approval. The only exception to this would be where explicit approval has been granted by the Head of Resourcing to permit the individual to perform duties in relation to their secondary employment/business interest whilst absent or on restrictive/recuperative duties. It is the responsibility of the individual to obtain this consent prior to continuing to undertake their secondary employment/business interest in such circumstances.

Approval can be sought by emailing ‘HR – Business Interests Secondary Employment’ with details of the absence/restriction/recuperative duties.

3.10.6 Where an individual who is suspended from duty has a secondary employment/business interest approved their approval for conducting such an activity will be reviewed by the Head of Resourcing to ensure that there is no potential conflict with the approved activity continuing during the period of suspension. Suspension from duty will not constitute an automatic removal of approval to undertake secondary employment/business interest and each case will be considered on its own merit taking into account advice from the Professional Standards Department.

Individuals who are suspended and wish to undertake new, altered or increased secondary
employment activity/business interest will be required to gain approval by following the stages outlined within this protocol before commencing any activity connected to the secondary employment/business interest.

3.10.7 Professional Standards to inform ‘HR – Business Interests Secondary Employment’ when an individual with an approved business interest is suspended from duty.

3.11 Rights of Appeal

3.11.1 An individual may appeal against the final decision made by the Head of Resourcing or their appropriate delegate. The applicant must submit notice of appeal in writing within ten days of receipt of the decision to the Head of Operational HR who will make the necessary arrangements for an appropriate person to consider the appeal.

3.11.2 Any queries concerning this policy should be directed towards Human Resources. Advice may also be obtained from the Superintendents Association, Police Federation and Unison.

3.11.3 If the business interest or secondary employment is adjudged to be one that is incompatible with their continuing to be a police officer, an appeal may be made to the Essex Police, Fire and Crime Commissioner (EPFCC) or Kent Police and Crime Commissioner (KPCC), in accordance with Regulations 7, 8 and 9 of Police Regulations.

3.11.4 There is a further appeal which can be made to the Secretary of State against a decision of the EPCC or KPCC, in accordance with Police Regulations.

3.12 Undisclosed Business Interests

3.12.1 Disciplinary action may follow if secondary employment or business interests are found to be undisclosed.

3.13 Additional Income

3.13.1 Officers and staff are reminded that any additional income received, whether it stems from a secondary employment or business interest as defined above or not, must be declared to the Inland Revenue.

3.14 Retention and Disposal of Records

3.14.1 Documents mentioned in the above protocol will be retained for the period specified in W 1012 Procedure/SOP – Records Review, Retention and Disposal.

4.0 Equality Impact Assessment

4.1 This protocol has been assessed with regard to an Equality Impact Assessment.

As a result of this assessment it has been graded as having a low potential impact as 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.

5.0 Risk Assessment

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

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.

6.0 Consultation

6.1 The following were invited to provide feedback in the original consultation phase during the formulation of this document and Unison and Federation consulted on this current document:

• Unison
• Police Federation
• Equality and Diversity Co-ordinator
• Health & Safety
• Strategic Change Team
• PSD Superintendent
• Policy/Risk
• Superintendents Association
• Kent Finance
• HR

7.0 Monitoring and Review

7.1 Monitoring will be undertaken by the Head of Resourcing, with a review being undertaken every two 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.

8.2 Data Security

Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy - W1000 Policy - Information Management.

8.3 Retention & Disposal of Records

• Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP – Records Review, Retention and Disposal and the HR Disposal Schedule in HR policy L1

Data will only be held for as long as necessary for the purposes for which collected.

9.0 Other source documents, e.g., legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable)

• Guidelines on the Management of Business Interests & Additional Occupations for Police Officers & Police Staff
• Police Regulations 2003