Performance Management Policy (PS 166)

Aims and objectives of the policy

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.

The policy must be read in conjunction with:

For Police Staff

• PD 787 Performance Management & Improvement Procedure for Police Officers and Police Staff

For Police Officers

• PD 787 Performance Management & Improvement Procedure for Police Officers and Police Staff
• Police (Performance) Regulations 2012 and 2020.
  Home Office Guidance on Unsatisfactory Performance & Attendance Procedures (UPP)

The policy is also supported by PG 029 Management Guide.

Managing the performance of individuals and teams is essential for Nottinghamshire Police and NOPCC to achieve its goals. The force and NOPCC is committed to effective management of performance within a supportive working environment. It expects all individuals want to perform well and that managers provide support to their team members to enable them to perform effectively.

The policy aim is to provide a framework so that individuals are aware of:

• What the organisation aims to achieve
• Their role in supporting the organisation in achieving its goals
• The skills and competencies they need to fulfil their role
• The standards of performance required
• How they can improve their performance
• How they are performing in their role
• When they are not performing effectively how to achieve improved and
  acceptable performance

Policy Statement

Key Principles

• The framework for performance management and improvement is designed to drive continuous performance improvement for all those working for Nottinghamshire Police
• Poor performance will be challenged and effectively managed
• Nottinghamshire Police will seek to maximise performance to support and achieve the force policing objectives/plan
• Nottinghamshire Police will develop and maintain a performance culture which is consistent in approach and supportive of organisational goals
• A proactive approach to managing performance will provide consistency and will be supportive and fair in line with our object to be an Employer of Choice and our Wellbeing agenda
• The balance of probability will be applied as the standard of proof
• Issues relating to conduct will be dealt with under the relevant misconduct
  Procedures or Regulations
• Performance issues due to ill health (capability) will be managed under this process where it is not an attendance issue. Long-term and frequent absence will be dealt with under the Attendance Management Policy and Procedures, if required
• Where individuals are subject to formal performance management procedures, they will not usually be eligible to be considered for transfers across the organisation, unless exceptional circumstances apply. Therefore, they may be able to apply for advertised posts where there is prior authorisation from the Head of PS & OD or nominated person and/or the Head of Professional Standards and the recruiting manager
• Disputes raised where a manager seeks to legitimately manage performance will not necessarily be accepted. It is a manager’s responsibility to manage their teams effectively and for second line managers to support the managers engaged in the process

Responsibilities

Individuals

Individuals are responsible for:

• Their standard of performance
• Advising their line manager if they are unclear of what is expected from them
• Advising their line manager if they have any other issues which affect their ability to perform their role for example welfare or neurodiversity
• Engaging with performance management and development activity to maintain or improve their performance
• Participating in the Career Conversation process
• Acting in line with the organisation’s corporate values (PROUD)

Line managers

Line Managers are responsible for:

• Ensuring all of their team have an up-to-date Career Conversation form,
• 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
• Supporting their team members to maintain the expected level of performance
• Helping their team members understand how they contribute to Nottinghamshire Police's aims and objectives
• Setting individual objectives for their team members
• Taking appropriate time to understand issues affecting their team members and ensuring relevant support, signposting, advice and guidance is given
• Demonstrating their commitment to performance planning, on-going people
  management and the performance development review process
• Communicating regularly with their team members about their performance
• Recognising good performance, consider force awards, bonus payments etc.
• Addressing poor performance as soon as it is identified and managing it through the appropriate channels, undertaking informal interventions such as a performance management support meeting
• Invoking formal procedures to support their team member to achieve the required level of performance, where informal management interventions have not achieved the required level of performance

Senior Managers

Senior Managers are responsible for:

• Ensuring organisational and departmental or divisional objectives are clear and understood
• Ensuring all of their team have an up-to-date Career Conversation form
• 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
• Promoting performance planning, on-going people management and the
  performance development review process, thereby creating a positive performance culture
• Supporting managers who appropriately address performance issues
• Ensuring performance is managed effectively across the Force

Performance Management Stages

Line Managers should ensure performance management is at the core of their day-to-day business and should communicate regularly with their team members about their performance. Any issues should be addressed informally as soon as they arise, early intervention is key.

Managers should make sure individuals understand that where there is insufficient
improvement in performance, the formal stages of the process may be commenced after all informal discussions and processes have been exhausted.

Managers will use Career Conversation, including regular one to one meeting, to carry out formal reviews of performance and development needs. Matters already
informally addressed may also be discussed and reviewed in this more formal
format.

Informal Stages

Initially informal management interventions should be employed to support individuals to achieve the required standard of performance. Where there is under performance managers should collate factual and objective information to form the basis for discussions. Performance Management support meetings should be held prior to the formal procedure being instigated and this may result in a performance management support plan. These initial informal discussions should be recorded, shared by the individual and manager and a review period agreed.

Managers should ensure that they take the appropriate time to understand issues affecting their team members and ensure that the relevant support, sign posting, advice and guidance is given. It is important at this stage to ensure that there are no barriers to the improvement of performance such as access to supportive assistive technology, coaching and mentoring, training delays or welfare issues.

Where this does not lead to sufficient and sustained improvement then the formal procedure must be invoked.

Formal Stages

When the decision is taken to embark on the formal performance process, once all of the informal processes have been exhausted the line manager should gather information regarding individual circumstances and should give the individual a clear indication of the gap between their current and required performance.

The framework is a three-stage supportive process with a view to facilitating a sustained improvement in an individual’s performance at work. If an individual remains unable to achieve an acceptable level of performance after appropriate support and improvement notices the final sanction may be dismissal.

Meeting Framework

Please refer to the following Meeting Framework tables for details (see Pages 7 & 8).

NB. *The period for improvement will usually be a maximum 3 months (see Pages 6 & 7), however in exceptional circumstances where a senior manager considers that a period greater than 3 months is appropriate People Services should be consulted.

Police Officer – Police Performance Regulations 2012 Meeting Framework

Stage	Meeting Chair	Appeal Meeting Chair	Timescales	Potential Outcomes
First Stage Meeting	First Line Manager	Second Line Manager	3* months to achieve improvement 12 months validity period for Written Improvement Notice	No further action or Written Improvement Notice Development Plan Chair to advise on a review period
Second Stage Meeting	Second Line Manager	Senior Manager or Superintendent	3* months to achieve improvement 12 months validity period for Written Improvement Notice	No further action or Final Written Improvement Notice Development Plan Chair to advise on a review period
Third Stage Meeting	Panel of three members (This will include; a Police Officer of at least Chief Supt rank and a senior People Services representative. The panel chair will be a Chief Superintendent (or above) or the Head of PS & OD Third stage meetings will be digitally recorded.	Police Appeals Tribunal	Redeployment will be determined by Tactical Workforce planning meeting 3* months to achieve improvement	No further action or Dismissal with notice or Redeployment to alternative duties which may include reduction in rank or Extension of a Final Improvement Notice (exceptional circumstances only). Gross incompetence only (in addition to the above) Final Written Improvement Notice or dismissal with immediate effect.

Police Staff Performance Improvement Meeting Framework

Stage	Meeting Chair	Appeal Meeting Chair	Timescales	Potential Outcomes
First Stage Meeting	First Line Manager	Second Line Manager	3* months to achieve improvement 12 months validity for Written Improvement Notice.	No further action or Written Improvement Notice Development Plan Chair to advise on a review period
Second Stage Meeting	Second Line Manager	Manager more senior than Second Stage Meeting Chair	3* months to achieve improvement 12 months validity for Final Written Improvement Notice.	No further action or Final Written Improvement Notice Development Plan Chair to advise on a review period
Third Stage Meeting	Senior Manager (M1 Grade or above or Police Officer equivalent (Chief Inspector or above). Third stage meetings will be digitally recorded by the force	Manager more senior than Third Stage Meeting Chair.	Redeployment register 3 months 3* months to achieve improvement	No further action or Dismissal with notice or Redeployment to alternative duties which may include reduction in grade or Extension of a Final Improvement Notice (exceptional circumstances only). Gross incompetence only (in addition to the above) issue Written Improvement Notice or Dismissal with immediate effect.

Appeal

Individuals have the right of appeal against the outcome of a formal meeting. Appeals will be heard according to the above framework. The appeal must be submitted in writing within 7 working days of the written outcome letter being received. The grounds for appeal against the decision must be set out. Where the appeal has been against dismissal, if the decision to dismiss is upheld, the effective date of termination shall be the date on which the original dismissal took effect

Right to Be Accompanied

Individuals are afforded the right to be accompanied by a work colleague, trade union representative or staff association representative as applicable at all formal meetings. If individuals feel they require representation at an informal meeting this can be considered by the chair of the meeting.

Gross Incompetence

Police Officers:

In accordance with the Police (Performance) Regulations 2012 and Police Conduct
Regulations 2022, there may be circumstances where the appropriate authority, Head of Professional Standards Department (depending on the circumstances of each case) or Head of People Service considers a police officer’s performance so unsatisfactory that it warrants the procedure being initiated at the Third Stage Meeting. This would usually be the result of a single incident of “Gross Incompetence”.

Police Staff:

May also be referred directly to the Third Stage Meeting where it is considered there may be a case of gross incompetence. This will be the decision of Head of PS & OD or nominated deputy.

Reasonable Adjustments in the Workplace

Nottinghamshire Police are committed to making reasonable adjustments to accommodate the needs of disabled individuals to support them to continue to work.

Managers should ensure any requests for adjustments are fully explored prior to
commencing the formal stages of the process. This can be discussed at the informal performance support meeting.

Where an individual has a disability it may be, appropriate at any stage of this process to consider redeployment to a more suitable role as a reasonable adjustment. This is at the discretion of the organisation.

Redeployment

Redeployment to a suitable alternative role may be considered during the performance management process. The appropriateness of this action will be assessed on a case-by-case basis and will be subject to approval from a senior PS manager. An appropriate selection method will be used to ensure the suitability of an alternative role. Individuals will not be entitled to a 3-month period on the redeployment register and if redeployed there will be no entitlement to salary protection or travel & disturbance payments. New posts will not be created for the
purpose of redeployment. Performance development plans will continue. Redeployment will only be considered as an alternative to dismissal at stage 3 of the formal procedures and may not be appropriate in all cases.

Police Officers and Police Staff within their Probationary Period

For police officers; Regulation 13, Police Regulations 2003 will be followed. For
police staff; the probationary management process will be followed.

Statement of legislative compliance

This document has been drafted to comply with the general and specific duties in the Equality Act 2010; Data Protection Act; Freedom of Information Act; European Convention of Human Rights; Employment Act 2002; Employment Relations Act 1999, and other legislation relevant to policing.

------------------------------------------------------------------

PS 166:
Performance Management Policy

Type of Document:
Policy

Version:
1.2

Registered Owner:
Head of People Services and Organisational Development

Author/Reviewer:
James Lunn/Jasvir Ginda

Effective Date:
December 2021

Review Date:
December 2025

Linked Documents:
PD 787 Performance Management & Improvement for Police Officer and Police staff Procedure
PG 029 Performance Management Managers Guide
Police (Performance) Regulations 2012
Home Office Guidance on Unsatisfactory Performance & Attendance Procedures (PDF)