1. Statement of Policy
- All officers and staff have a vital role to play in ensuring the highest standard of service delivery is provided to the community. The Force is therefore committed to creating an environment where everyone has the opportunity to achieve their full potential, regardless of their position in the organisation.
- It is also recognised that in order to foster this environment it is essential that all staff fully understand the standards of performance expected of them. Instances will however arise where the performance of staff does not meet the required standard.
The purpose of this policy and the associated procedure is to:
- ensure all staff are aware of their rights and obligations under this policy and understand the recording, monitoring and procedures Dyfed-Powys may use in regard to underperformance
- provide managers and supervisors with a structured framework to assist them in managing under performance
- ensure all staff are treated with fairness and consistency
- create an opportunity for positive action to be taken to improve the performance of staff by assisting them to overcome any difficulties that may affect their ability to work effectively
- ensure that the highest levels of quality and service can be maintained to all Dyfed- Powys Police to fulfil its obligations to the public
2. Policy Scope
- This policy and the associated procedure provides structure, clarity and outlines the steps to be followed by Line Managers when the performance falls below the required standard. It assists managers and staff to quickly identify what assistance is required to improve the situation. It is intended as a mechanism to enable all staff to achieve the standards of performance expected of them in a fair and consistent manner.
The policy applies to:
- All police officers except those above the rank of Chief Superintendent and those who have not completed their probation.
- All police staff except those within their probationary period
- Special Constables
Terminology
- For the purpose of this document the terms ‘member of staff’, ‘staff member’ and ‘staff’ shall be used to refer to Police Officers, Police Staff and Special Constables.
- The term ‘Workplace companion’ is used to describe a police officer or a police staff member employed by Dyfed-Powys Police, a trade union or staff association representative who may accompany, advise and represent the staff member during all formal stages of the procedure.
- The term ‘Appropriate Authority’ is used to describe the Chief Officer with responsibility for People and Organisation Development.
- The term ‘Practice Requiring Improvement’ (PRI) is used to describe underperformance or conduct not amounting to misconduct or gross misconduct, but which falls short of the expectations of the public and the police service.
3. Powers and Policy/Legal Requirements
This document has been drafted to comply with the general and specific duties in:
- Police (Performance) Regulations 2020;
- Police (Conduct) Regulations 2020;
- Police Regulations 2003;
- The Equality Act 2010;
- The Equality Act 2010 (Specific Duties) Regs 2011
- The Data Protection Act 1998, 2018;
- Health & Safety at Work Act 1974
- Access to Medical Records Act 1998
- The Freedom of Information Act;
- The European Convention of Human Rights;
- Employment Act 2002;
- Employment Relations Act 1999
- Police Staff Handbook 2021
- IOPC Guidance (re directed surveillance)
- and other legislation relevant to policing.
Related policies, procedures and guidance:
- Attendance Management Policy and Procedure;
- Career Break Policy and Procedure;
- Change Management Policy;
- Data Protection Policy;
- Data Protection Breach Policy;
- Dignity in the Workplace Policy;
- Substance Misuse Policy
- Fairness at Work Policy;
- Flexitime Policy;
- Health & Safety Policy;
- Information Security Policy.
- Job Related Fitness Test Policy and Procedure;
- Leave for Personal Family reasons plus other Special Leave Policy;
- Limited Duties Policy and Procedure;
- Maternity, Paternity and Adoption Support Leave Policy;
- Management of Change Policy;
- Menopause Policy;
- Police Staff Misconduct Policy and Procedure;
- Promotion Selection Policy;
- Recruitment & Selection Policy and Procedure;
- Right to request Part Time & Flexible Working Policy;
- Smarter Working Policy;
- The Management of Stress at Work Policy;
- The Development and Assessment Profile (DAP) Policy and Procedure.
Dyfed-Powys Police will operate within the policing principles as defined by the College of Policing Code of Ethics and in support of this our policies will seek to promote:
- Courage
- Respect and Empathy
- Public Service.
The Welsh Language Standards explicitly provide that members of staff may undertake some processes, or receive some documentation through the medium of Welsh. These rights are listed below, and may or may not apply to this policy. Employees of Dyfed-Powys Police have the right to:
- Receive any documentation that outlines their training needs or requirements, performance objectives or their career plan through the medium of Welsh;
- Make a complaint through the medium of Welsh;
- Respond to a complaint or any allegations made about them through the medium of Welsh;
- To attend a meeting to discuss a complaint or a disciplinary matter through the medium of Welsh; and
- Receive decisions relating to a complaint or a disciplinary process through the medium of Welsh.
4. Options and Contingencies
Individual Responsibilities
- All individuals must take responsibility for their performance at work, demonstrating a clear commitment to performance in order to maintain high standards of service to the public. They have a contractual duty to be competent and perform their role in an acceptable way.
- Should they be unclear of what is expected from them, they will notify their line manager immediately
- If an individual recognises they are unable to perform to the standards required they should inform their line manager and seek support. Individuals will advise their line manager if they have any issues which will affect their ability to perform their role.
- Where underperformance is identified, individuals are expected to take part in constructive discussions around performance improvement and to work towards any identified improvements by complying with agreed actions and/or Performance Improvement Plans.
- Individuals will participate in the Development and Assessment Profile (DAP) process.
- Individuals will act in line with the organisation’s objectives and values.
Line Manager Responsibilities
- Performance Improvement is an integral part of a line manager’s responsibility. Line managers are responsible for ensuring that their team members are aware of the performance expected of them in their role by setting and explaining realistic, timely and measurable objectives.
- Any issue related to performance will be addressed by the line manager quickly in a fair, consistent and sensitive manner.
- Line managers are expected to support their team members by undertaking regular one to one meeting’s and maintaining records within the DAP.
- Line managers apply their professional judgement when implementing this policy and must justify any deviations they make from the policy.
- Line managers must support their team members to maintain the expected level of performance.
- Line manager must ensure they set their teams DAP objectives and undertake timely DAP reviews.
- Line managers must communicate with their team members about their performance and recognise good performance.
- Line Managers should provide appropriate support to create an inclusive working environment.
- Where an individual’s performance shows cause for concern the line manager is responsible addressing it as soon as it is identified by managing it through the appropriate channels.
- Line managers must make individuals aware that failure to improve performance may result in the formal procedure being instigated. Each case will be considered on its own merits in consultation with HR.
- Where informal management interventions have not achieved the required level of performance, line managers are expected to invoke the formal procedure to support their team member to achieve the required level of performance.
- Line Managers should encourage their staff members who have a recognised disability to complete a Work and Wellbeing Passport. They will be responsible for implementing reasonable adjustments which have been identified and agreed as being suitable for the staff member. The line manager will upload the completed passport into the Sickness Management System and will ensure an annual review of suitability of adjustments.
Human Resources responsibilities
- Human Resources will offer guidance to managers on the interpretation of the policy and guidance.
- HR will promote consistent decision making when providing guidance to line management on the application of this policy.
- HR will monitor and evaluate the effectiveness of this policy.
Occupational Health responsibilities
- Occupational Health can provide advice as to the potential impact a medical condition may have on a staff members ability to carry out their duties. In addition, they can advise whether or not workplace adjustments may be appropriate.
Unison, Federation, Superintendents Association and Staff Support Networks
- Representatives will provide support and guidance to colleagues with regards to policy and the procedure.
- Representatives can act as a ‘Workplace Companion’ at all stages of the formal procedure.
- Representatives will provide feedback on the effectiveness of this policy.
5. Take action and review
Dyfed-Powys Police monitors the application of this policy and has discretion to review it at any time through the appropriate consultation mechanisms and in light of any developments in employment legislations and good employment practice.
Responsibility for the implementation, monitoring and development of this policy lies with Human Resources.
The review will take into account the following criteria:
- Examples of good practice from other Forces and/or other organisations
- Representations made by individuals and/or representative groups
- Relevant diversity data
- Any challenges to the policy
The policy and associated procedure document will be overseen by the People, Culture and Ethics Board.
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: August 2024