Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

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Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

Hello, everybody, welcome to the Doom and Gloom Slot, known as the Winsor
Review Update, as presented by yours truly…..

As you will all be acutely aware, we are now at the position where the majority of the
recommendations, following a failure to agree are all going before a Police
Arbitration Tribunal or PAT. Clearly, whilst this is not the best option, The PAT is an
independent body who look at written submissions put before them by all sides in the
event of a failure to agree and then make their decision accordingly. Interestingly
though, when we entered into a conciliation process with Peter Harwood from ACAS,
the last step before registering the failure to agree at the full Police Negotiating
Board (PNB), he made two points. Firstly, that in a lot of cases conciliation works but
secondly, he said: “this is different, politics are involved and it’s big”.

However, we have little or no control of the outcome and the decisions, if indeed any
are made, prior to the inception of Winsor Two, The Reckoning. We have been
working hard on our submission to this panel, and you, the Constables, are
represented on the Staff Side by myself and Paul Davis. Unfortunately the PAT is the
end result of some three months hard negotiating on several fronts within PNB and
at one point we were engaged on weekly meetings in Central London with pre-meets
with the constituent parts of Staff Side the day before to ensure we had the correct
strategy, correctly presented to the Official Side.

You will also all be aware that our substantive offer, whilst it ‘surrendered’, so to
speak, the SPP pot and offered concessions around casual overtime i.e. amending
time and a third to plain time for the first two hours (thereafter reverting back to time
and a third) and regaining the Queen’s half hour, made more savings than those
which Tom Winsor had alluded to within his report. We also added costings into our
submission that he had not entered in his paper – such as the ongoing diminishing
value of the Housing Allowance that those of us who joined prior to 1994 enjoy – and
also the offer from the Chief Police Officers Association (CPOSA) and the Supers
Association not to pursue the extra figure they are currently entitled to as part of their
housing allowance remuneration package. Within the Staff Side I must also add that
we enjoy strong support from both the Supers and Chief Officer representatives who
recognise the value and worth of the Federated ranks as well as the value and worth
of the Regulations we work to and how our efforts save a considerable amount of
time, finance and bring a deal of worth to the organisation – unlike some members
and component parts of the Official Side and I shall leave it to your imaginations who
I refer to.

However, the Official Side rejected our offer, stating that it did not “deliver the level of
ongoing financial savings we are looking for”, nor did it “deliver the level of reform
that we want” to our terms and conditions that they were also after…… in a nutshell
it seemed to us that in the end game this was not purely about making savings within
the service (as per the Government’s Comprehensive Spending Review paper in
October 2010) but the dismantling of the service as we currently see it and the
potential introduction of terms and conditions along the lines of the Sheehy Report in

P Barker                                                                             Page 1
Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

1992. One of the comments made in July of that year came from Alan Eastwood,
then Chair of the National Federation, who said:

“The Sheehy report reduces the police service from being a dedicated vocation to
being just another job. Its authors have understood little or nothing of ….. policing.
Sheehy has devastated police morale. The report is divisive, negative and even
oppressive……it emasculates [reduces the power or effectiveness] the negotiating
rights of the rank and file officers.”

He also stated that it would be another blow to police self-esteem when morale is
already low.

Some things never change…..particularly scary when you read through the basic
tenets of Sir Patrick Sheehy’s Report 1993 and can see almost direct lifts within the
Winsor Review 2011.

However, out of the 62 recommendations within the Winsor Part One report, only
the following are not being submitted to the PAT, and have either been agreed within
Staff side in full or within a separate component part (i.e. within Supers, for
example):

Status of Winsor Part One Recommendations

The following recommendations from the Winsor Part One Report have been agreed
in principle by the PNB (although there are others relating solely to Chief Officers):

   Recommendation 31 – Chief Officers should recognise whole teams, both
    officers and staff, with a team recognition award payment of £50 to £100 each for
    outstandingly demanding, unpleasant or important work, or outstanding work for
    the public.
   Recommendation 46 – The link between the Motor Vehicle Allowance for police
    officers and that for local authorities should be re-established from September
    2011.
   Recommendation 48 – Officers’ maternity entitlement should increase from 13
    weeks at full pay to 18 weeks at full pay with officers having the option, with the
    agreement of their chief officer, to spread the final five weeks of maternity pay
    over 10 weeks at a reduced rate.
   Recommendation 57 – The criteria for the use of the powers in Regulation A19
    should be amended, with service-critical skills and performance being explicit
    considerations.
   Recommendation 58 – As quickly as possible, police forces should be provided
    with the ability to offer voluntary exit terms to police officers, substantially on the
    terms contained in the Civil Service Compensation Scheme 2010.

There was a failure to agree on the remaining recommendations, which have now
been referred to the Police Arbitration Tribunal:

P Barker                                                                            Page 2
Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

   Recommendation 2 – Police constables, sergeants, inspectors and chief
    inspectors should receive an additional 10% of their basic pay, on an hourly
    basis, for hours worked between 8:00pm and 6:00am (non-pensionable).
   Recommendation 5 – Determination Annex E, made under Regulation 22 of the
    Police Regulations 2003, should be amended to require the chief officer to
    consult, rather than agree, with the local joint branch board and individual officers
    in connection with the bringing into operation of a variable shift arrangement.
    That consultation should take place over a period of at least 30 days. Before
    making his decision, the chief officer should be required to consult the affected
    officers and take full account of their individual circumstances, including the likely
    effects of the new arrangement on their personal circumstances. New shift
    arrangements should not be brought into effect earlier than 30 days after the
    communication of the decision of the chief officer.
   Recommendation 6 – Determination Annex G, made under Regulation 25 of the
    Police Regulations 2003, should be amended to replace time and a third
    premium pay for casual overtime with plain time. The minimum hours for being
    recalled between duty should be abolished and instead paid at plain time for the
    hours worked, with travelling time.
   Recommendation 7 – Determination Annex H, made under Regulation 26 of the
    Police Regulations 2003, should be amended to remove double time premium
    pay and the notice period of five days for working on a rostered rest day. Time
    and a half premium pay should be payable for working on a rostered rest day with
    fewer than 15 days’ notice.
   Recommendation 8 – Determination Annex H, made under Regulation 26 of the
    Police Regulations 2003, should be amended to allow the payment of overtime at
    double time for 25 December and seven other days chosen for the next financial
    year by the officer before 31 January. Cancellation with fewer than 15 days’
    notice should require the authority of an Assistant Chief Constable.
   Recommendation 11 – Police officers on mutual aid service should be paid for
    the hours they are required to work each day, plus travelling time to and from the
    place of duty. Where those hours coincide with the unsocial hours period, or the
    duty has been required at short notice and they are eligible for the new overtime
    rates, the officer should be paid at the applicable premium rates.
   Recommendation 12 – The definition of ‘proper accommodation’ should be
    revised to describe a single occupancy room with use of en suite bathroom
    facilities. Where such accommodation is not provided, the officer should receive a
    payment of £30 per night. The current definition of ‘higher standard
    accommodation’ should be removed and not replaced.
   Recommendation 13 – Officers held in reserve on a day and who have not been
    paid for any mutual aid tour of duty that day, should receive the on-call allowance
    of £15 for that day.

P Barker                                                                           Page 3
Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

   Recommendation 20 – Police officers and all members of police staff below the
    top of their pay scale should be suspended at that increment for a two-year
    period commencing September 2011.
   Recommendation 25 – The chief officer bonus scheme should be suspended for
    a two-year period commencing September 2011.
   Recommendation 27 – The bonus scheme for superintendents and chief
    superintendents should be suspended for a two-year period commencing
    September 2011.
   Recommendation 29 – Competence Related Threshold Payments should be
    abolished from 31 August 2011 and all outstanding CRTP payments up to that
    date should be paid on a pro-rated basis.
   Recommendation 33 – Special Priority Payments should be abolished from 31
    August 2011 and all outstanding SPPs up to that date should be paid on a pro-
    rated basis.
   Recommendation 34 – An interim Expertise and Professional Accreditation
    Allowance of £1,200 per annum should be introduced from September 2011 for
    officers meeting the skills or length of service criteria in the four stated priority
    functions. It should be paid monthly and pro-rated where an officer works part-
    time. It should be removed when an officer leaves the qualifying role.
   Recommendation 43 – The replacement allowance for housing should remain.
    However, the amount an officer receives should not increase from 31 August
    2011 with changes in personal circumstances, such as promotion. The existing
    framework, by which the amount an officer receives reduces when he lives with
    another officer also receiving the allowance, should remain.
   Recommendation 44 – A national on-call allowance for the Federated ranks
    should be introduced from September 2011. The amount of the allowance should
    be £15 for each occasion of on-call after the officer in question has undertaken
    12 on-call sessions in the year beginning on 1 September. An on-call occasion
    should be defined as the requirement to be on-call within any 24-hour period
    related to the start-of-the-police-day.
   Recommendation 45 – The national on-call allowance should be reviewed by the
    Police Negotiating Board three years after its introduction in the context of better
    management data.
   Recommendation 59 – Regulation 5(4) of the Police Regulations 2003 should be
    amended so that an officer giving written notice to return from part-time to full-
    time working, must be appointed by the Police Authority within two months if the
    force has a suitable vacancy, and within four months of the notice being received.

As may be seen form the content of those items that are not going to the PAT, many
of them relate to the senior ranks and do not have direct consequence to ourselves. I
would also point out that there are also a number of recommendations that relate
directly to support/civilian staff – such as Recommendation 60, which relates to the
current system of severance for police staff, or Recommendation 50, which relates to
first-class travel expenses for police staff members being published quarterly on the

P Barker                                                                          Page 4
Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

force’s website - as opposed to warranted officers and I shall not relate those for
obvious reasons.

The PAT, I am informed, can be likened to an employment tribunal or indeed any
other tribunal upon which we sit as Reps, in that evidence is submitted in written
form by all parties in the first instance and any questions can be raised by the panel
on that evidence prior to the hearing. At the time of the hearing the individuals
representing each side can also be ‘cross-examined’ over their submissions or any
other statements that are made.

At this time, unfortunately, I am unable to give you a likely date for the sitting of the
PAT although we believe it will be sometime in November, the date for the
announcement of the outcome, which should be 28 days after the hearing (although
a crystal ball would be of use…) or even whether the Home Secretary will accede to
and accept any decision coming out of the PAT. I suppose, however, that we must
be careful for what we wish for on occasion.

That being said, we do not know whether the PAT will give a response to their
deliberations with them coming so close to the publication of Winsor Two – which we
are informed will be in January 2012.

The PAT evidence is being put together at the same time as the Winsor Two
Response and as such we must maintain our strategic position. We also have to
ensure that each submission mirrors the other and builds on the comments that we
made during the deliberations on Winsor One.

Winsor Two – The Reckoning

At this time, we have had only the same information as yourselves with reference to
the content of Winsor Two and I have previously drawn attention to the comments
that are contained within Tom Winsor’s question and answer page on the internet:
http://review.police.uk/

Unless I am misreading the comments that are contained within this ‘page’, for want
of a better word, I have yet to see a supportive comment from any entry in relation to
this latest review of our remuneration and conditions. It will be interesting, to say the
least, how these comments are interpreted. For our part, we are keeping a log at the
office, in the Research Dept, of all the comments that are appended to this document
to ensure that a full and truthful account is produced by Winsor – as he seemed to
be a tad confused in his interpretation of comments that were passed onto him by
officers in Winsor One. That being said, the link to those responses was unavailable
last week, (I have our Research Dept at Leatherhead looking into this as we speak)
but in any event the closing date for responses was Monday this week (12th
September).

P Barker                                                                          Page 5
Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

With specific reference to our submission to Winsor over Part Two, we have recently
completed a submission document, prepared from a Constables’ point of view, which
we have submitted to the JCC for inclusion in the initial Staff Side submission to
Winsor’s team. In order to complete this document we have re-engaged the services
of the HR company, Pilat, who initially were instrumental in the creation of the
Branthwaite report and we have also looked into the content of previous reports,
such as The Hay Report and ‘Unique’ - The CCC response to the Sheehy Report in
1992, which looked at the role of the Constable and also some potential job
evaluation tools.

Of course, as soon as we have the definitive final submission document we will
share that with you – but until that time, as per anything else that is part and parcel
of this fast-moving feast, we are obliged to play the game with our cards close to our
chest, after all, when playing poker, you do not show your hand to those you are
playing against…..

Pension Issues

The next meetings in relation to the ongoing Pensions issues as revealed by Lord
Hutton and the potential contribution rate rises are to be discussed in a series of
meetings commencing this afternoon and tomorrow (14 th and 15th September).
These meetings have been arranged as a result of a letter sent to Ian Rennie from
the Home Secretary on the 29th July. In the body of this letter, she states:

“The Government accepted Lord Hutton’s recommendations as a basis for
consultation with public sector workers and trade unions on long term reform of
pension arrangements”…….and later on states: “The Government announced plans
to make £2.8 billion savings per year by 2014-15 through increasing public service
employee pension contributions”.

In a nutshell, the figure that is being discussed at this stage, and I stress the word
‘discussed’ as nothing has been definitively decided at this stage, is a total increase
between April 2012 and April 2015 of 3.2% on our contributions.

There have already been several meetings of the Pensions Technical Working Party
with the Home Office as represented by Peter Spreadbury and these discussions are
continuing. What complicates the overall issue is that we still do not know the current
value of the Police Pension Schemes (despite the recent increase in commutation
rates) and whether this increase will have any effect on that value. Also, following on
from the Government’s Comprehensive Spending Review (CSR) in October last
year, the decision was made not to implement any contributions for the armed forces
for their pensions. Whilst clearly, I do not have any issue with those members having
a pension commensurate with the severe risks they face, it seems that, unless I have
got it wrong, the entire burden of that cost is being foisted upon the public sector

P Barker                                                                         Page 6
Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

pension schemes. Again, this is a point I shall be pursuing later. At the meeting this
afternoon we will also be producing a draft response to the Home Secretary prior to
Thursday’s meeting. Whilst the letter initially has requested ‘views on the proposal’
by the end of September, we have already requested a concession to the 20th
October deadline in line with the consultation date given to other unions. To date we
have not yet received a reply.

As and when there is any further information on this most vital change in our ongoing
circumstances we will let you know at the earliest opportunity. I am unable to even
tell you at this stage what if anything is proposed to be done with the current
schemes we currently have as I simply do not know.

That being said, there are currently several electronic e-petition avenues that we can
pursue to raise our issues within the Commons. To force a debate on any e-petition
item, there is a minimum requirement of 100,000 signatures required. These are:

   1) Public & Private Pension Increases - change from RPI to CPI. As at yesterday
      morning there were 46,725 signatures already. The link to this is:
      http://epetitions.direct.gov.uk/petitions/1535

   2) As we discussed at length yesterday, the next petition we should be
      subscribing to is one demanding there is no reduction in our numbers.
      Currently there are only 13,800 signatures on this petition. There are in total
      nearly 140,000 of us in the service (plus families); this really needs pushing
      and       pushing        hard.      The      address        you      need      is:
      http://epetitions.direct.gov.uk/petitions/3920 . This link is already on both the
      front pages of the JCC intranet and internet.

These petitions literally take less than two minutes to complete, please push your
members and their families to go onto the site.

My final point today is in relation to the recent ‘paternity circular’ that was issued by
the PNB, (PNB Circular 11-4 Additional Paternity Leave) in relation to fathers also
having access to paternity leave, KIT days and other facilities currently available
under the maternity arrangements. Please be aware that the calculators have not
been amended yet and that there will be confusion as to which rate is available as
per the current problems being experienced by female officers accessing their KIT
day payments. We have made the relevant authorities aware – again watch this
space.

I would like to leave you with the following comments that have been made by the
Home Secretary during her attendance at the Supts Conference this week:

“The Prime Minister and I are determined to open up police leadership to bring in the
skills necessary to succeed. Police leaders of the future may not have started out as
Constables. The police can learn from senior people outside policing…..”

P Barker                                                                          Page 7
Winsor Review/PNB Update for Chairs & Secs 13/14 Sept

Following that statement she also said:

“Winsor One and Winsor Two will allow more modern working practices”.

To ensure that her message was not lost, in closing she reinforced her message by
stating simply:

“Reform is needed now and it will happen”.

And on that note, that concludes my update…..

Paul Barker                                     Paul Davis
CCC General Secretary                           CCC Deputy General Secretary

P Barker                                                                   Page 8
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