12. Where the line manager for a police officer considers that the performance or attendance of that officer is unsatisfactory, the manager may require the officer concerned to attend a meeting (in these Regulations referred to as a first stage meeting) to discuss the performance or attendance of the officer concerned.
13.—(1) If the line manager wishes to require a police officer to attend a first stage meeting, the manager must give a notice in writing to the officer concerned—
(a)requiring the officer to attend a first stage meeting with the line manager;
(b)informing the officer of the procedures for determining the date and time of the meeting under paragraphs (3) to (6);
(c)summarising the reasons why the officer’s performance or attendance is considered unsatisfactory;
(d)informing the officer of the possible outcomes of a first stage meeting, a second stage meeting and a third stage meeting;
(e)informing the officer that a human resources professional or a police officer may attend the meeting to advise the line manager on the proceedings;
(f)informing the officer that, if the officer consents, any other person specified in the notice may attend the meeting;
(g)informing the officer that the officer may seek advice from a representative of the staff association;
(h)informing the officer that the officer may be accompanied and represented by a police friend at the meeting; and
(i)informing the officer that a copy of any document the officer intends to rely on at the meeting must provide to the line manager in advance of the meeting.
(2) A notice given under paragraph (1) is to be accompanied by a copy of any document relied upon by the line manager when coming to the view mentioned in regulation 12 that the performance or attendance of the officer concerned is unsatisfactory.
(3) The line manager must, if reasonably practicable, agree a date and time for the meeting with the officer concerned.
(4) Where no date and time is agreed under paragraph (3), the line manager must specify a date and time for the meeting.
(5) Where a date and time is specified under paragraph (4) and—
(a)the officer concerned or their police friend will not be available at that time; and
(b)the officer concerned proposes an alternative time which satisfies paragraph (6),
the meeting must be postponed to the time proposed by the officer concerned.
(6) An alternative time is to be—
(a)reasonable; and
(b)fall before the end of 5 working days beginning with the first working day after the day specified by the line manager under paragraph (4).
(7) The line manager must give the officer concerned a notice in writing of the date and time of the first stage meeting determined in accordance with paragraphs (3) to (6) and of the place of the meeting.
(8) In advance of the first stage meeting, the officer concerned must provide the line manager with a copy of any document the officer intends to rely on at the meeting.
14.—(1) The following provisions of this regulation apply to the procedure to be followed at the first stage meeting.
(2) The meeting is to be conducted by the line manager.
(3) A human resources professional or a police officer may attend the meeting to advise the line manager on the proceedings.
(4) Any other person specified in the notice referred to in regulation 13(1) may attend the meeting if the officer concerned consents to such attendance.
(5) The line manager must—
(a)explain to the officer concerned the reasons why the line manager considers that the performance or attendance of the officer concerned is unsatisfactory;
(b)provide the officer concerned with an opportunity to make representations in response;
(c)provide the police friend (if there is one) with an opportunity to address the meeting in accordance with regulation 8(3)(a).
(6) If, after considering any representations made in accordance with paragraph (5)(b) or (c), the line manager finds that the performance or attendance of the officer concerned has been unsatisfactory, the manager must—
(a)inform the officer concerned in what respect their performance or attendance is considered unsatisfactory;
(b)inform the officer concerned of the improvement that is required in their performance or attendance;
(c)inform the officer concerned that, if a sufficient improvement is not made within such reasonable period as the line manager specifies (being a period not greater than 12 months), the officer may be required to attend a second stage meeting in accordance with regulation 19 and the line manager must specify the date on which this period ends;
(d)inform the officer concerned that they will receive a written improvement notice; and
(e)inform the officer concerned that if the sufficient improvement referred to in sub-paragraph (c) is not maintained during any part of the validity period of such notice remaining after the expiry of the period specified in accordance with sub-paragraph (c), the officer may be required to attend a second stage meeting in accordance with regulation 19.
(7) The line manager may recommend that the officer concerned seeks assistance in relation to any matter affecting their health or welfare if the manager considers it appropriate.
(8) The line manager may postpone or adjourn the meeting to a specified later time or date if it appears to them to be necessary or expedient to do so.
15.—(1) The line manager must, as soon as reasonably practicable after the date of the conclusion of the first stage meeting—
(a)cause to be prepared a written record of the meeting; and
(b)where the manager found at the meeting that the performance or attendance of the officer concerned has been unsatisfactory, cause to be prepared a written improvement notice.
(2) Where the officer concerned has failed to attend a first stage meeting, if the line manager finds that the performance or attendance of the officer has been unsatisfactory, the manager must as soon as reasonably practicable—
(a)cause to be prepared a written improvement notice; and
(b)if the police friend of the officer concerned attended the meeting, cause to be prepared a written record of the meeting.
(3) A written improvement notice is to—
(a)record the matters of which the officer concerned was informed (or would have been informed had the officer attended the meeting) under sub-paragraphs (a) to (c) and (e) of regulation 14(6);
(b)state the period for which it is valid; and
(c)be signed and dated by the line manager.
(4) A written improvement notice is to be valid for a period of 12 months from the date of the notice.
(5) The line manager must give a copy of any written record and any written improvement notice to the officer concerned as soon as reasonably practicable after they have been prepared.
(6) Where the line manager found that the performance or attendance of the officer concerned has been unsatisfactory and has caused to be prepared a written improvement notice, the manager must, at the same time as supplying the documents mentioned in paragraph (5), notify the officer concerned in writing of the matters set out in regulation 16, of the name of the person to whom a written notice of appeal must be given under that regulation, of the officer’s entitlements under paragraphs (7) and (8) and of the effect of paragraph (9).
(7) Subject to paragraphs (8) and (9), the officer concerned is entitled to submit written comments on any written record to the line manager before the end of 7 working days beginning with the first working day after the day on which the copy is received by the officer concerned.
(8) The line manager may, on the application of the officer concerned, extend the period specified in paragraph (7) if the manager is satisfied that it is appropriate to do so.
(9) The officer concerned is not entitled to submit written comments on the written record once the right to appeal under regulation 16 has been exercised.
(10) The line manager must ensure that any written record, any written improvement notice and any written comments of the officer concerned on the written record are retained together and filed.
16.—(1) This regulation applies where, at the first stage meeting, the line manager found that the performance or attendance of the officer concerned has been unsatisfactory.
(2) Where this regulation applies, the officer concerned may appeal against—
(a)such finding; or
(b)any of the matters specified in paragraph (3) and recorded in the written improvement notice (in these Regulations referred to as the relevant terms of the written improvement notice),
or both.
(3) The matters specified in this paragraph are—
(a)the respect in which the performance or attendance of the officer concerned is considered unsatisfactory;
(b)the improvement that is required in their performance or attendance;
(c)the length of the period specified by the line manager in accordance with regulation 14(6)(c).
(4) The only grounds of appeal under this regulation are—
(a)that the finding of unsatisfactory performance or attendance was unreasonable;
(b)that any of the relevant terms of the written improvement notice are unreasonable;
(c)that there is evidence that could not reasonably have been considered at the first stage meeting which could have materially affected the finding of unsatisfactory performance or attendance or any of the relevant terms of the written improvement notice;
(d)that there was a breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding of unsatisfactory performance or attendance or any of the relevant terms of the written improvement notice.
(5) Any appeal is to be commenced by the officer concerned giving written notice of the appeal to the second line manager before the end of 7 working days beginning with the first working day after receipt of the documents referred to in regulation 15(5) of the appeal.
(6) A notice given under paragraph (5) must—
(a)set out the grounds of appeal of the officer concerned; and
(b)be accompanied by any evidence on which the officer concerned relies.
(7) The second line manager may, on the application of the officer concerned, extend the period specified in paragraph (5) if the manager is satisfied that it is appropriate to do so.
(8) Subject to paragraph (9), the meeting at which the appeal is to be heard (referred to in these Regulations as the first stage appeal meeting) is to take place before the end of 7 working days beginning with the first working day after the day on which the notice under paragraph (5) is received by the second line manager.
(9) A first stage appeal meeting may take place after the period of 7 working days referred to in paragraph (8) if the second line manager considers it necessary or expedient, in which case they must notify the officer concerned of the reasons in writing.
17.—(1) As soon as reasonably practicable after receipt by the second line manager of the notice of appeal referred to in regulation 16(5), the second line manager must give a notice in writing to the officer concerned informing the officer—
(a)of the procedures for determining the date and time of the meeting under paragraphs (2) to (5);
(b)that a human resources professional or a police officer may attend the meeting to advise the second line manager on the proceedings;
(c)that, if the officer consents, any other person specified in the notice may attend the meeting;
(d)that the officer may seek advice from a representative of the staff association; and
(e)that a police friend may accompany and represent the officer at the meeting.
(2) The second line manager must, if reasonably practicable, agree a date and time for the meeting with the officer concerned.
(3) Where no date and time is agreed under paragraph (2), the second line manager must specify a date and time for the meeting.
(4) Where a date and time is specified under paragraph (3) and—
(a)the officer concerned or the police friend will not be available at that time; and
(b)the officer concerned proposes an alternative time which satisfies paragraph (5),
the meeting must be postponed to the time proposed by the officer concerned.
(5) An alternative time must—
(a)be reasonable; and
(b)fall before the end of 5 working days beginning with the first working day after the day specified by the second line manager under paragraph (3).
(6) The second line manager must give to the officer concerned a notice in writing of the date and time of the first stage appeal meeting determined in accordance with paragraphs (2) to (5) and of the place of the meeting.
18.—(1) The following provisions of this regulation apply to the procedure to be followed at a first stage appeal meeting.
(2) The meeting is to be conducted by the second line manager.
(3) A human resources professional or a police officer may attend the meeting to advise the second line manager on the proceedings.
(4) Any other person specified in the notice referred to in regulation 17(1) may attend the meeting if the officer concerned consents to such attendance.
(5) The second line manager must—
(a)provide the officer concerned with an opportunity to make representations; and
(b)provide the police friend (if there is one) with an opportunity to address the meeting in accordance with regulation 8(3)(a).
(6) After considering any representations made in accordance with paragraph (5), the second line manager may—
(a)confirm or reverse the finding of unsatisfactory performance or attendance;
(b)confirm or vary the relevant terms of the written improvement notice appealed against.
(7) Where the second line manager has reversed the finding of unsatisfactory performance or attendance, the written improvement notice is revoked.
(8) The second line manager may postpone or adjourn the meeting to a specified later time or date if it appears to them to be necessary or expedient to do so.
(9) As soon as reasonably practicable after the conclusion of the meeting, the officer concerned is to be given written notice of the second line manager’s decision and a written summary of the reasons for that decision, but in any event, the officer concerned is to be given written notice of the decision before the end of 3 working days beginning with the first working day after the conclusion of the meeting.
(10) Where the second line manager has—
(a)reversed the finding of unsatisfactory performance or attendance and revoked the written improvement notice; or
(b)varied any of the relevant terms of the written improvement notice,
the decision of the second line manager takes effect by way of substitution for the finding, the written improvement notice issued or the relevant terms of the written improvement notice appealed against from the date of the first stage meeting.