Correspondence

Annex F Amendment PPS Pay (accessible version)

Published 22 April 2022

ANNEX F (AMENDMENTS) REGULATION 24

PAY

The following determination “Annex F (Amendments) – Pay” is made by the Secretary of State under regulation 24 of the Police Regulations 2003 (S.I. 2003/527), following consultation in accordance with regulation 46 of those Regulations. This determination was made on 18 March 2022 and amends the determination “Annex F - Pay” (“Annex F”).

Amendment of Part 1B

1. In Annex F, in Part 1B, after paragraph (8) insert:

“ 9) This part ceases to have effect on 1 April 2023.”.

Insertion of Part 1BA

1. In Annex F, after Part 1B, insert:

“ PART 1BA

INCREMENTAL PROGRESSION THROUGH THE PAY SCALE

(VALID FOR FEDERATED RANKS, SUPERINTENDING RANKS, ASSISTANT CHIEF CONSTABLES AND COMMANDERS)

1) Save for paragraph (16), the provisions of this part come into force on 1 April 2023. Paragraph (16) comes into force on 1 April 2022.

Incremental progression

2) Subject to the other provisions of this Annex:

a) a member of a police force is to progress through the pay scale on the anniversary of their appointment or promotion;

b) incremental progression through the pay scale is dependent upon confirmation that a member meets the pay progression standard (“PPS”);

c) a member is assessed for pay progression annually;

d) a member’s annual PPS confirmation date is to be determined on the basis of the increment date and the requirements of a police force’s assessment processes;

e) the assessment period for the purposes of the PPS, is the 12-month period preceding a member’s PPS’s confirmation date.

3) When a member is promoted prior to their PPS confirmation date, the PPS confirmation date is reset in line with the member’s new increment date, and no in-year PPS assessment is required, provided that, temporary promotions do not reset a member’s PPS confirmation date and due increment date.

4) A member can appeal against any decision concerning incremental progression through the pay scale, PPS assessment, or PPS confirmation, by making formal representations to the appropriate person, who must be independent of the original decision maker. If an appeal is upheld, progression through the pay scale is to be granted, and the higher pay is backdated to the date of the due increment.

5) A member who does not meet the PPS on their PPS confirmation date may progress through the pay scale if the PPS is met at any point before the next PPS confirmation date. Provided that, the higher pay will not be backdated to the due increment date, unless paragraph (4) applies. Police forces must have in place reasonable PPS assessment and confirmation processes for the purposes of ensuring progression through the pay scale pursuant to this paragraph.

6) A member’s due increment date and the PPS confirmation date are not reset on the basis of a pay increment pursuant to paragraphs (4) or (5).

7) Professional development reviews (“PDR”) and training completed to meet the PPS in respect of a previous assessment period are disregarded for the purposes of the ongoing PPS assessment period.

Pay progression standard

8) Subject to the other provisions of this Annex, a member meets the PPS if the following conditions are met:

a) the member has completed an annual PDR; and

b) on the PPS confirmation date, the member is not subject to ongoing formal action within Stages 1, 2 or 3 of the Unsatisfactory Performance or Attendance Procedures under the Police (Performance) Regulations 2020; and

c) the member has successfully completed training required for the purposes of the PPS; and

d) if a member (“the managing member”) has direct responsibility for the completion of other members’ PDRs and for the confirmation of other members’ PPSs, that managing member must have completed the PDRs and made the PPS decisions which were due to be completed, or made, during the managing member’s own assessment period.

9) PDR means an annual performance assessment, in line with the processes in place within the member’s own force, including an appeals process.

10) Training required for the purposes of the PPS means no more than two training priorities, which the chief officer may mandate, in consideration of the local priorities of a police force, or the requirements of an individual role.

11) A member must be notified of the training requirements they are required to comply with:

a) no less than 12 months before their PPS confirmation date, or

b) within one month of promotion.

12) Paragraph 8(d) also applies in respect of members who are performing the duties normally performed by a member of the force of a higher rank than their own in accordance with Annexes I, J and UU (whether on temporary promotion or acting up), if the duties entail direct responsibility to carry out PDRs or make PPS decisions in respect of other members.

Exceptions and exemptions

13) Members who are on probation, pursuant to the provisions of Regulation 12 of the Police Regulations 2003 and Annex C are not required to meet the PPS in order to progress through the pay-scale.

14) The conditions prescribed by paragraph 8(b) do not apply to Assistant Chief Constables and Commanders.

15) Where a member fails to meet the PPS, the chief officer has discretion to permit progression through the pay scale, where the chief officer is reasonably satisfied that:

a) a member does not meet one, or more, of the PPS’s conditions as a consequence of:

i) sickness, or non-sickness, related absence, and the timing and duration of the absence are sufficient to prevent an officer from meeting the PPS; or

ii) maternity, adoption, or parental leave pursuant to Regulation 33(8) of the Police Regulations 2003 and Annexes R and S; or

b) a member does not meet the PPS due to ongoing Unsatisfactory Performance or Attendance Procedures, and:

i) that member can be reasonably considered to have a disability as defined by the Equality Act 2010, and the unsatisfactory performance, or non-attendance, subject of ongoing procedures, is motivated by reasons linked with the member’s disability; or

ii) the member only starts to be subject to Unsatisfactory Performance or Attendance Procedures in the period of six weeks immediately prior to the PPS’s confirmation date, and those six weeks are not representative of the preceding 12 months’ performance by the member; or

c) other circumstances have prevented a member from meeting one, or more, of the PPS’s conditions, and preventing the member from progressing through the pay scale would be manifestly unfair in light of those circumstances.

Transitory provision

16) Police forces must take reasonable steps to have in place PPS assessment and confirmation processes for the purposes of ensuring that on or after 1 April 2023 progression through the pay scale takes place in accordance with the provisions of this part. ”.

Amendment of Part 2

1. —(1) In paragraph 1, in the table:

(a) for “2020”, substitute “2021”,

(b) for “21,402” substitute “21,654”,

(c) after (b), insert (ba).

(2) In sub-paragraph 1(b), for “21,402” substitute “21,654”.

(3) After sub-paragraph 1(b), insert

“(ba) Those members

(i) who receive a salary not exceeding £24,000 on, or before, 31 August 2021, and whose salary is determined pursuant to sub-paragraph (b) on, or before,31 August 2021; or

(ii) in the case of part-time members, whose hourly rate, on or before 31 August 2021, is calculated on the basis of an annual rate of pay not exceeding £24,000,

must have their salary, or their annual rate of pay, as the case may be, increased by an amount of £250 with effect from 1 September 2021.”.

Amendment of Part 2B

1. —(1) In paragraph 1,

(a) for “2020”, substitute “2021”,

(b) for “18,912”, substitute “19,164”.

(2) After paragraph 1, insert

“(1A) Those members

(a) who receive a salary not exceeding £24,000 on, or before, 31 August 2021, and whose salary was determined pursuant to paragraph (1) on or before 31 August 2021, or

(b) in the case of part-time members, whose hourly rate, on or before 31 August 2021, is calculated on the basis of an annual rate of pay not exceeding £24,000, must have their salary, or their annual rate of pay, as the case may be, increased by an amount of £250 with effect from 1 September 2021.”.