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Policy: / Business Interest and Additional Occupations Policy
Approved date: / 1st June 2013
Owner: / Detective Superintendent Thundercloud
For release under Freedom of Information? / Yes
Equality, Diversity and Human Rights Relevance (H/L)
Supporting procedures / Business Interest and Additional Occupations Procedures
Contact for advice: / Professional Standards Department


Version Control

Version / Date / Reason for Change / Produced / Amended by
1.0 / Jan 2013 / Due to ACPO Guidance on the Management of Business Interests and Additional Occupations for Police Officers and Police Staff. / Professional Standards Department.


1.0 BUSINESS INTEREST AND ADDITIONAL OCCUPATIONS POLICY

2.0 Aims

·  The main aim of this policy is to give members of the Force and members of their

Families, where applicable, the opportunity to pursue a legitimate business interest. The business interest however must be compatible with the duties of police officers and police staff and also the function of the Force.

·  It is designed to provide a framework for interpretation of relevant legislation and regulations.

·  Ensure that business interests are declared at the earliest opportunity.

·  Ensure that applications are dealt with promptly.

·  To ensure consistency, openness and fairness in the consideration of applications.

3.0 Terms and Definitions

Key terms and definitions, crucial to understanding the policy, should be listed.

4.0 The Policy

This Policy sets out the framework to be used by Cumbria Constabulary when managing

the application, approval or refusal, appeals and review of business interests.

Supporting procedures have been developed to describe this framework in detail -

‘Business Interest and Additional Occupations Procedures’.

The Constabulary is committed to maintaining a professional image and protecting

the health, safety and wellbeing of its staff. It is obligated to maintain, and is entitled, to

expect high standards of business conduct amongst its employees in order to ensure

that public confidence is maintained.

For all police officers and staff who wish to undertake a business interest, Cumbria

Constabulary will adopt the principles contained in the ACPO Guidance on the

Management of Business Interests and Additional Occupations for Police Officers and

Police Staff.

Special Constables are dealt with separately in terms of their employment outside the

Service. This is detailed in NPIA Circular 01/2011. The considerations in this circular are

broadly similar to those contained within the ACPO Guidance and must be decided on a

case by case basis.

The Constabulary will act fairly and proportionately when considering all business

interests or additional occupation applications. If an individual wishes to appeal against

any decisions made by the Constabulary they must follow the appeals process.

5.0 How to Appeal

5.1 If an individual wishes to appeal against any decision made by Cumbria Constabulary in connection with the policy they should write to the Deputy Chief Constable within 10 days of receiving the decision.

5.2 Appeal against Decision to Refuse Business Interest is available on the Force intranet for this purpose.

5.3 The Deputy Chief Constable will consider the appeal and consult with the appropriate Head of the TPA and Head of Professional Standards Department to establish all facts before making their decision. He/she will then respond to the individual within 28 days of receipt of the appeal. Should this period not be achievable the Deputy Chief Constable will notify the individual in writing and advise them when the decision will be communicated. It is good practice to provide written reasons for the decision within 7 days of the meeting.

5.4 There is no further right of appeal against the decision of the Deputy Chief Constable.

5.5 Complaints of alleged unlawful discrimination may be registered with an employment tribunal within 3 months less one day of the alleged act of discrimination subject to the appeal procedure being exhausted.

5.6 In addition, Cumbria Constabulary operates the “Fairness at Work Policy”.

5.7 The main purpose of this policy is to ensure that individual members of staff who feel aggrieved about the way they have been treated either by management or by their colleagues are given every opportunity to have their grievances resolved in a fair and just manner. It is a flexible means of resolving problems at work and intended to resolve issues as quickly as possible.

5.8 Complaints about the overall policies and procedures of the Force as well as a number of other issues relating to quality of service or operational decisions should be made to the Chief Constable of Cumbria Constabulary at the following address:-

The Chief Constable,

Police Headquarters,

Carleton Hall,

Penrith, Cumbria.

CA10 2AU.

6.0 Legal Obligations

6.1 Cumbria Constabulary is required to comply with the requirements of the Police Act of 1996, Police Conduct Regulations of 2008, Local Government Act 1972, Police Reform and Social Responsibility Act 2011, Equality Act 2010 and the Police Staff Council of England & Wales Pay and Conditions of Service Handbook.

7.0 Monitoring and Review

7.1 To achieve the required level of assurance the following methods of review and evaluation will be used in respect of this policy:

·  Three yearly reviews in line with Human Rights & Equality legislation.

·  Reviewed sooner due to change in legislation, case law, best practice or Force Management.

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Jan 2013