Business Interest and secondary employment policy
Freedom of information request reference no: 01.FOI.22.023098
I note you seek access to the following information:
I would like a copy of your Business Interest and secondary employment policy please.
Decision
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
Definition of a business interest or additional employment
The business interests of police officers are regulated by Regulations 7-9 of The Police (Amendment No. 3) Regulations 2012. The business interests of MSC officers are regulated by The Special Constables Regulations. Police staff are not subject to any regulations or legislation in respect of business interests or additional employment. However, the definition of a business interest as set out in Police Regulations is considered appropriate for police staff and will apply in all respects.
It is important that MPS personnel understand the definitions contained in Regulations 7-8 of The Police (Amendment No. 3) Regulations 2012. It is not just their own personal business interests that need to be notified, but also those of spouses, civil partners and/or relatives living with them, if it is likely to interfere with the independent discharge of their duties.
Regulation 7 defines a business interest in two ways:
• firstly as it applies to a serving police officer (paragraph 7(2)(a));
• secondly, as it relates to licences or permits (paragraph 7(2) (b)).
Regulation 7(2) (a) defines a business interest as:
"being a member of a police force, the person holds any office or employment for hire or gain (otherwise than as a member of the force) or carries on any business";
Voluntary Activities
Voluntary activities (not involving hire or gain) and activities for which the officer is reimbursed expenses only, need not be notified as a business interest.
However, MPS personnel must not engage in any voluntary activities which may fall within the definition of an incompatible business interest shown in Annex A (attached).
Licences and Permits
Regulation 7(2) (b) refers to the holding of certain licences and permits:
"being a member of a police force or relative of a member, the person holds or possesses a pecuniary interest in a license or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question";
The reference to a relative included in a member's family shall include reference to his/her spouse, parent, son, daughter, brother, sister, civil partner or any person living with the member as if they were their spouse or civil partner.
Undertaking business interests and additional employment in the Metropolitan Police Service
MPS personnel must not carry out any aspect of their business interest during working hours or on police premises (including advertising on notice boards) and must not use any MPS equipment, including telephones, computers, faxes, stationary, transport, uniform and technical equipment, in connection with their business interest or additional employment.
MPS personnel must not undertake any activity that will cause embarrassment to the Commissioner or give any indication that they work for the MPS to promote their business or put undue pressure on colleagues to participate in their business interest or additional employment in any way.
All members of the MPS are reminded that, as part of the proper management of the MPS, its public functions and its resources, MPS information and communication systems are monitored to the extent permitted by law. For further details refer to the METSEC Code GEN5 - Conditions of Use of MPS Information & ICT Systems.
Regulation 7 of The Police (Amendment No. 3) Regulations 2012 provides clear legal authority for the exercise of a power to find a business interest compatible or incompatible.
In addition, in deciding upon the compatibility in respect of an application from a police officer, the Appropriate Authority (Chief Superintendent within DPS) will also have regard to the Standards of Professional Behaviour set out in Schedule 1 to The Police (Conduct) Regulations 2008 which sets out the principles guiding police officers' conduct. The Standards of Professional Behaviour applies to police officers, both on and off duty. If the conduct of an officer whilst off duty is serious enough to indicate that the officer is not fit to be a police officer then appropriate action will be taken under the Regulations.
Human Rights Act 1998
When a decision is made in respect of a business interest or additional employment it will be within the framework of the Human Rights Act 1998. Article 8 provides that 'Everyone has the right to respect for his private and family life, his home and his correspondence'. The Human Rights Act is written in the masculine and any reference to him should be taken as applying to all MPS personnel. A restriction on these rights can only be justified if it is aimed at protecting one of the interests set out in Article 8(2), is in accordance with the law and is necessary in a democratic society (that is, proportionate to the legitimate aims being pursued).
The following principles, as set out in the NPCC Guidance on the Management of Business Interests and Additional Employment for Police Officers and Police Staff, are to be applied by decision-makers when considering compatibility
Impartiality
Relates to the risk of the business interest or additional occupation interfering with an individual's ability to impartially discharge his or her duties or the extent to which the public would be likely to perceive or form an impression that it would so interfere:
Whether the activity is one regulated by the police or where police are involved in the licensing of the activity;
Whether the business interest or additional occupation is merely an extension of an individual's duty or the extent to which training, skills and experience provided by the force are to be relied upon;
Whether the office of constable or being an employee of the force could be used to promote the business or additional occupation or a product of the business or additional occupation or would allow other organizations or commercial interests to do so;
Whether an individual's fairness or impartiality in their dealings with the public or colleagues might be compromised.
Impact on the Force or Service
Relates to the risk of the business interest or additional occupation either discrediting the police force or undermining confidence in the police service:
The nature of the business interest or additional occupation – how reputable it is in its own right in the eyes of the public and in association with the police service;
Whether the activity could lead to the public losing confidence in the honesty and integrity of the individual or of the police service or if it would be likely to cause confusion in the minds of the public as to whether the individual was operating in an official or unofficial capacity;
Where the activity could lead to the individual being improperly beholden to any person, organization, or institution;
Whether the business interest could lead to conflicting contractual commitments to a third party e.g. providing advice to a training company which is then contracted to work for the police force.
Attendance
The Appropriate Authority (Chief Superintendent within DPS) for Police Officers or B/OCU Commander/Head of Unit for Police Staff will also take into account the attendance management record of the applicant when considering the compatibility of a Business Interest or Additional Employment. As part of the application process, the line manager will complete an Attendance Selection Criteria Form (Form 456) and attach it with the Business Interest Notification or changes to Annual Review for Determination of Compatibility with Membership of the Met - Form 6005.
In addition, if a member of the MPS has a Business Interest or Additional Employment and has been absent from work on sick leave for a continuous period of 28 days or returns to work on recuperative or restricted duties, their line manager should submit a report to the Appropriate Authority (Chief Superintendent within DPS) or B/OCU Commander/Head of Unit for Police Staff. The Appropriate Authority (Chief Superintendent within DPS) or B/OCU Commander/Head of Unit will then consider whether the authority to continue the Business Interest or Additional Employment should be suspended taking into consideration if the sickness is relevant to the Business Interest or Additional Employment.
The following principles, as set out in the NPCC Guidance on the Management of Business Interests and Additional Employment for Police Officers and Police Staff, are to be applied by decision-makers when considering compatibility
Current Performance and Misconduct
This relates to the risk of a decline in performance of the member coupled with evidence as to the member's current suitability through performance monitoring.
Unsatisfactory performance, attendance and misconduct should not necessarily be a reason for refusal unless either has a direct bearing on the business interest or additional employment. An example of a business interest or additional occupation that may be accommodated with performance issues is allowance for a rental accommodation that provides additional income without incurring additional work pressures.
Consultation with the force's Appropriate Authority (Chief Superintendent within DPS) should take place to consider any current or previous misconduct and the impact or risk of any relevant misconduct on the approval of any business interest or additional occupation. If it is considered that the misconduct relates directly to the business interest or additional occupation approval may be modified or withdrawn.
Where a member with an existing approved business interest or additional occupation is subject to performance misconduct or attendance procedures, current approved business interests and additional occupations should be reviewed by the Appropriate Officer, provided the conduct or performance is directly related to the business interest or additional occupation.
Abuse of process
In the event that it is suspected that there is any abuse of this process or that there is evidence of the officer's role within the MPS not being undertaken to an acceptable standard the matter must be fully investigated. Once an investigation has been carried out the evidence will be considered and reconsideration given as to whether the business interest or additional employment needs to be reviewed by the Appropriate Authority. In addition consideration will be given to invoking the inefficiency procedures where applicable. It should be noted that any abuse of the process may result in disciplinary action being taken.
Suspension from duty
If a Police Officer or member of Police Staff, who has a Business Interest, is suspended from duty their Business Interest or Additional Employment will be reviewed by the Appropriate Authority to ascertain if it is appropriate for the officer or member of staff to continue with the registered Business Interest.
Proportionality in relation to Seniority and Role
Relates to the requirement to take account of the seniority, role and nature of the duties of the police officer, police staff or police support volunteer. For example, it would be sensible to reflect on the nature of work carried out by the member, the different employment status of police officers and police staff, and the public impact of their proposed business interest or additional occupation prior to making a decision. There should be no one-size fits all approach to decision-making on business interests or additional occupations.
Restriction / Conditions
A restriction may be necessary and, in some instances, the placing of a condition on a business interest may be appropriate as it would be an alternative to a member of the MPS having to choose between retaining the business interest or ceasing to be a member of the MPS.
Equality and Diversity
Decisions on business interests or additional occupations must take full cognizance of equality and diversity considerations. Forces must ensure that all decisions can be justified by reference to relevant equality legislation and the duty on police forces under the Equality Act 2010 to actively promote equality (such as not treating any protected category more or less favourably).
Health, Safety and Well-being
Relates to the duty of care to the individual and the risk of injury or increased stress and fatigue which could impact on the member's ability to perform duties to a satisfactory standard. As part of any consideration of a business interest or additional occupation it is essential a police force monitors the total number of hours a member will be working to comply with the duty to protect their health and safety and to ensure that the total demands of the jobs do not pose a risk to the health of the member concerned or his or her ability to work safely, either as an individual or part of a team. A sensible starting point for these purposes would be to examine the requirements of the Working Time Regulations (1998).
Decision-makers should start from the presumption that an application for a Business Interest or Additional Employment should be granted once satisfied that there are no adverse reputational matters or conflicts with the values or ethos of the police service and will determine whether conditional approval may be warranted.
In considering an application for a business interest, the Appropriate Authority (Chief Superintendent within DPS) for Police Officer or B/OCU Commander/Head of Unit for Police Staff will also require the applicant to provide any such information deemed necessary in order to adequately and fairly consider a business interest.
Health & Safety Considerations
The Commissioner has a duty to ensure the health and safety of all MPS personnel and those affected by the activities of the service as far as reasonably practicable.
The possible increased health and safety risks for MPS activities associated with a member of the service undertaking a business interest or additional employment must be considered as part of the application and significant risks must be documented and managed effectively.
Primarily there are two key areas to consider; the requirements of the Working Time Regulations and the general duties imposed by the Health and Safety at Work Act.