Contents
PERSONNEL MANAGEMENT MANUAL
VOLUME 1
CONTENTS
Chapter 1
Recruitment Principles
Chapter 2
Initiating Recruitment
Chapter 3
Selection Procedures
Chapter 4
Pre-Appointment Checks/Procedures
Chapter 5
Monitoring Recruitment
Chapter 6
Specimen Forms and Letters of Appointment
Chapter 7
Training and Development
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Recruitment Principles
CHAPTER 1
RECRUITMENT PRINCIPLES
LIST OF CONTENTS
LEGAL BASIS
Civil Service Order in Council 1995
1.1
TYPES OF APPOINTMENT
Permanent Appointments
Fixed-Term Appointments
Provisional Appointments
Conditional Appointments
Casual Appointments
Guidance
Re-employment of Casual Staff
1.6
1.7
1.13
1.16
1.17
1.22
1.26
QUALIFICATIONS AND JOB REQUIREMENTS
1.30
Drivers, Porters and Messengers
Lawyers
1.31
1.33
NATIONALITY
1.39
CHARACTER AND SECURITY CHECKS
1.42
Checking for Identity
Checking Documents
Other means of Confirming Identity
Action in Cases of Doubt
Checking for Integrity
Recruitment of Applicants with Criminal Convictions
Other Offences including Drink Driving
National Identification Service (NIS)
1.43
1.45
1.48
1.49
1.50
1.52
1.54
1.57
DISCRIMINATION
1.66
Equal Opportunities Monitoring
1.68
EMPLOYMENT OF PEOPLE WITH DISABILITIES
1.69
Appendices
Civil Service Order in Council 1995
Civil Service Commissioners' Recruitment Code
Civil Service Nationality Rules
Explanation of the Alien Spouse Anomaly
Countries in the European Union
Territories which may be regarded as forming part of the
Commonwealth for the purpose of the Nationality Rule
Generic List of Proscribed Offences
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1
RECRUITMENT PRINCIPLES
LEGAL BASIS
1.1.
The Civil Service Order in Council 1995 governs appointment and recruitment to the Civil Service. Every
individual appointed to a post in the Civil Service must be selected on merit on the basis of fair and open
competition apart from the exceptional cases in Articles 6 and 7 of the Order. To this end:
•
•
•
•
prospective applicants must be given equal and reasonable access to adequate information about the job
and its requirements; and about the selection process;
applicants must be considered equally on merit at each stage of the selection process;
selection must be based on relevant criteria applied consistently to all candidates;
selection techniques must be reliable and guard against bias.
1.2.
Exceptions to fair and open competition are limited to the employment of casual staff (see paragraph 1.18
below), and those recruited under the Welfare to Work scheme.
1.3.
The CPS has delegated authority to carry out recruitment up to and including Level E. This authority is further
delegated to Areas, with the exception of recruiting legal trainees and fast stream staff at Level B. A copy of
the Order in Council is at Appendix 1 and the Civil Service Commissioners' Recruitment Code forms Appendix
2.
1.4.
To comply with Civil Service policy and current legislation, equality of opportunity must apply throughout the
recruitment process.
1.5.
All recruitment activity is subject to audit, both internally and by the Commissioners' Recruitment Systems
Auditors.
TYPES OF APPOINTMENT
Permanent Appointments
1.6.
This will be the standard form of appointment following a recruitment exercise that conforms to the Civil
Service Commissioners' guidance on selection on merit based on fair and open competition. Details of the
required letter of appointment are contained in Chapter 6 of this Volume.
Fixed-Term Appointments
1.7.
Fixed-term appointments (FTAs) can be used when there is a management need to make an appointment of
limited duration rather than a permanent appointment. They must conform to the Civil Service
Commissioners' guidance on selection on merit based on fair and open competition.
1.8.
Following the introduction of the Fixed-Term Employees (Prevention of Less Favourable Treatment)
Regulations, there are two significant changes to the way fixed-term employees are treated in law:
•
•
1.9.
from 1 October 2002 it will not be possible to agree any new redundancy payment waiver clauses
(whatever the length of the FTA); and
an FT appointment will become permanent at the end of a 4 year period unless objective justification can
be shown. The 4 year period is taken to commence on 10 July 2002.
Less favourable treatment, i.e. by offering an FTA of limited duration instead of a permanent appointment,
may be objectively justified if it can be shown that the appointment:
•
•
•
is to achieve a genuine business objective, e.g. covering a period of absence of a named individual;
is necessary to achieve that objective; and
is an appropriate way to achieve that objective.
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1.10.
An FTA must have defined start and expiry dates. If there is to be a possibility of permanency or renewal on
the expiry of the specified period, this must be advertised at the outset. A new letter of appointment must be
issued on renewal or extension.
1.11.
The Employment Rights Act 1999 enables any employee, after 12 months' service, to bring a claim of unfair
dismissal. This includes employees on fixed-term appointments which are not renewed or extended at the end
of the fixed term.
1.12.
Details of the terms and conditions to be applied will be found in the specimen letter of appointment in Chapter
6 of this Volume. Papers concerning FTAs must be retained for the duration of the appointment: further
guidance is given in paragraph 4.17 of this volume.
Provisional Appointments
1.13.
A provisional appointment can be offered to a candidate of high ability in advance of an open competition
which is scheduled to take place if the candidate is unwilling to accept a casual appointment and might
otherwise be lost to the Service. High ability means the candidate is likely to be marked A or B by a selection
panel. It is a condition of the appointment that the person concerned competes with other candidates in the
scheduled open recruitment competition. Selection will, therefore, be on merit and it is essential that the
provisional appointee understands that securing a permanent position is subject to being placed sufficiently
high on the merit list.
1.14.
A provisional appointment must not exceed 12 months and cannot be renewed. It is either converted into a
permanent or fixed-term appointment after the candidate has successfully competed in the open recruitment
competition, or ended if the candidate is unsuccessful. Unsuccessful can mean meeting the standard but
being insufficiently far up the order of merit to be offered a post.
1.15.
It is possible that provisional appointees will not proceed beyond the sift stage either because they fail to reach
the required standard or because other candidates reach a higher standard. Problems can arise if the position
has not been made sufficiently clear, in writing, at the time of a provisional appointment. It is therefore
imperative that the specimen letter in Chapter 6 of this Volume is issued and that the terms of that letter are
followed closely.
Conditional Appointments
1.16.
These may be offered to successful candidates where there is a need for them to begin work before all the
post-selection enquiries have been completed. It must be made clear that appointment is offered subject to the
satisfactory outcome of these enquiries, and that if the outcome is unsatisfactory the appointment will normally
be terminated. Satisfactory character & integrity (including NIS) checks must be completed before a
conditional appointment can commence: see paragraph 1.53 and Chapter 3 of this volume.
Casual Appointments
1.17.
Casual appointments may only be used where there is a genuine management need to employ people for a
short period rather than make a permanent appointment. Casual appointments are exempt from the rules of
fair and open competition and are normally restricted to 12 months.
1.18.
There should be no expectation that a casual appointment may lead either to a permanent or fixed-term
position but casual appointees are free to compete for permanent or fixed-term appointments in open
competition if they meet the eligibility requirements.
1.19.
A casual may elect to join the Civil Service partnership pension account. This is a stakeholder based money
purchase pension arrangement. They do not have to join. If they do, CPS will pay an age-related contribution
into their pension account with the stakeholder pension provider they select from the panel appointed by the
Civil Service. Casuals do not have to make an employee contribution but if they choose to make regular
contributions from your salary, CPS will make matching additional contributions of up to 3% of your pay.
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1.20.
Members of the Civil Service Pension arrangements, or those who are ineligible for membership, may also
contribute to a Stakeholder pension with Standard Life, subject to eligibility. Contributions may be made
through payroll. This arrangement is not available to staff who opt out of the Civil Service Pension
arrangements. Please contact the Superannuation Unit for further details or ring Standard Life on 0800
333304.
1.21.
Although in exceptional circumstances Departments and Agencies may retain casual employees for up to two
years, any such exceptions must be published in the CPS Annual Report - and the reason given for the
extension.
Guidance
1.22.
Recruitment by fair and open competition and appointment on merit should always be pursued where possible
to test the market for the best person for the job, and to demonstrate that the appointment is above patronage.
The objective of permitting certain exceptions from that rule is to provide flexibility where it is genuinely
necessary to meet the needs of the Department. Examples where the use of casuals would be appropriate
are to provide cover for unexpected increases in workload; maternity or prolonged sick absence; or to assist in
the redeployment of staff where an office is due to close.
1.23.
If there is any possibility that staff may be needed for more than twelve months, fair and open competition
should be used at the outset. When calculating the twelve months' total period of service, separate periods of
service should be aggregated if they relate to the same appointment. Periods of service without a break
between successive appointments should also be aggregated.
1.24.
Extensions to the twelve month rule should only be considered on an exceptional basis: the fact that
uncertainty about the future overall work pattern continues is not sufficient reason. It may be more appropriate
to make fixed-term appointments in such cases.
1.25.
If, in exceptional circumstances, an Area/HQ Directorate wishes to extend a casual appointment up to a
maximum period of twenty-four months, the Area Business Manager/HR Services at HQ should record the
reasons why the particular case merits such an extension. When considering exceptions, it should be noted
that staff retained beyond 12 months may need to be appraised in order that a performance related increase
can be applied to their salary. After 12 months' service any employee is entitled to claim before an
Employment Tribunal, and the Civil Service Appeals Board, that they were unfairly dismissed (see paragraph
1.12 above).
Re-employment of Casual Staff
1.26.
It is important to recognise that Employment Tribunals take a strict view of continuous service. They will seek
to establish whether there was any intent to re-employ. A break, even of 3 months, followed by re-employment
in the same post may not be enough to demonstrate that there was no intent to re-employ. Similarly, Tribunals
are likely to regard two periods of employment in different posts, at different levels or even in different locations
as continuous service rather than as two separate periods of employment, particularly if only a short break
occurred.
1.27.
However, there can be no hard and fast rules as each case will be looked at on its merits. Employment
Tribunals are not always consistent in their approach and much depends upon the circumstances in each
case.
1.28.
It is a clear aim of CPS policy to avoid being drawn into cases at Tribunals. As a general rule, therefore,
Areas/HQ Directorates should not re-employ staff for any period which, together with their previous
casual employment, will result in more than 12 months' casual service.
1.29.
A specimen letter of appointment outlining terms and conditions is contained in Chapter 6 of this Volume.
QUALIFICATIONS and JOB REQUIREMENTS
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1.30.
There is no longer a requirement for candidates for posts in the Crown Prosecution Service to have
educational qualifications: they are selected on the basis of competencies.
1.31.
When a Level A Pay Band A1 post, e.g. a Driver, Porter or Messenger, is likely to involve frequent lifting and
carrying of heavy loads, applicants must normally be capable of lifting and carrying the following weights:
•
•
•
1.32.
12kg a reasonable distance, maximum 16kg;
27kg up to 18 metres;
38kg straight up and down, e.g. from a vehicle.
The requirement to refer a candidate for any proposed appointment involving driving duties is set out in
paragraph 4.4 of this Volume.
Lawyers
1.33.
No person should be employed as a lawyer in the CPS unless he/she can demonstrate that he/she is qualified
to practise in England and Wales as a barrister or solicitor.
1.34.
Lawyers who have qualified overseas are required to pass either the transfer test set by the Law Society or Bar
Council, or to provide certification by the relevant professional body that their qualification is recognised.
1.35.
A barrister may be employed provided that:
•
he/she has completed pupillage (2 x 6 months): the Final Certificate of the Bar must be produced, to
confirm that the second 6 months' pupillage has been completed;
or
• if he/she started in employed practice before 1 January 1989 and has been in employed practice for at
least 5 years. There can be a gap between 1989 and the relevant start date of employment, providing the
barrister was in employed practice before 1 January 1989 and has been in employed practice for at least 5
years since;
and
• he/she has in force a practising certificate issued by the General Council of the Bar.
However, we can apply for a practising certificate on behalf of a barrister who applies to work for the CPS at
a reduced fee. The CPS does not pay for the voluntary element of the Bar practising certificate.
Applications for barristers’ practising certificates should be made through the HR Services team at HQ.
1.36.
Queries relating to an individual barrister's qualifications may be directed to the Records Office at the
General Council of the Bar on 020 7242 0934.
1.37.
A solicitor may be employed provided that:
•
•
•
he/she has been admitted as a solicitor;
his/her name appears on the roll of solicitors; and
he/she has in force a practising certificate issued by the Law Society.
However, for solicitors who apply to work for the Crown Prosecution Service, we can apply on their behalf
for a certificate, at a reduced fee. Crown Prosecutors are exempt from payment of the annual contribution
to the Compensation Fund. The practising certificate year runs from 1 November to 31 October.
Eligibility should be checked before any offer of employment is made.
1.38
Occasionally, an application will be received from a solicitor who is subject to section 12 of the Solicitors Act
1974. Each case should be considered on its merits and rejection should not be automatic.
NATIONALITY
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1.39.
The Civil Service Nationality Rules are set out in Appendix 3. A small number of posts within CPS
Headquarters are designated as ‘public service’ under Article 48 of the Treaty of Rome and as such are
reserved for UK citizens.
1.40.
The European Economic Area (EEA) Act 1993 creates an anomaly in relation to spouses of EEA nationals.
Whereas a spouse of a Commonwealth citizen or British protected person would not be eligible to apply under
Civil Service nationality rules, spouses of EEA nationals are entitled to do so. Further explanation of the alien
spouse anomaly is provided in Appendix 4. A list of the countries comprising the European Union forms
Appendix 5: the European Economic Area includes those 15 countries and also Iceland, Liechtenstein and
Norway. Since 1 June 2002, Switzerland is also included.
1.41.
The following wording must be included in the information sent out to potential applicants:“To be appointed to the Crown Prosecution Service you must be a Commonwealth citizen or a British
protected person. Applications can also be accepted from nationals of the European Economic Area and
certain non-EEA family members.
You should have the right to reside indefinitely in the UK.
You should also be aware that some posts within the Crown Prosecution Service are designated
‘public service’ posts for which different criteria are used.”
A list of territories which may be regarded as forming part of the Commonwealth for the purposes of the
nationality rule is provided at Appendix 6.
CHARACTER AND SECURITY CHECKS
1.42.
In addition to the Nationality and Health checks covered elsewhere in this Manual the department is
required to carry out certain basic checks on the integrity and identity of all potential employees including
those employed on our behalf by agencies or contractors.
Checking for Identity
1.43.
Before taking up post, prospective employees should be asked to provide original documents to establish their
identity. Duplicates and photocopies should not under any circumstances be accepted. The documents
necessary to establish identity will vary according to the nationality of the individual concerned:•
British Nationals
Either a full (10 year) British passport or, if the subject is over 21, a full passport that has lapsed within the
last five years is acceptable; or
a combination of at least two of the following:
•
•
•
•
•
•
•
a British driving licence;
a P.45;
an original birth certificate which bears an issue date within six weeks of birth. The short version of this
certificate (an ‘abbreviated certificate’) is acceptable, provided that the other documentation offered is
satisfactory;
proof of residence at a given address, such as a bill from one of the public utilities (e.g. water, electricity,
gas, or telephone) or a Council Tax bill;
cheque book and bank card accompanied by three statements and proof of signature;
credit card accompanied by three statements and proof of signature;
credit card with photograph of subject on it.
In some cases, particularly where young people are concerned, it may not be possible to fulfil the above
requirements. Where this appears genuinely to be a problem the prospective employee should be asked
for a passport-sized photograph of him/herself endorsed on the back with the signature of a person of some
standing in the community (e.g. a GP, medical practitioner, a member of the clergy, teacher, lecturer,
lawyer, bank manager or civil servant) and accompanied by a signed statement, completed by the same
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person, stating the period of time that the subject has been known to him/her (minimum 3 years). The
statement should always be checked to ensure that the signature matches that on the back of the
photograph and that it contains a legible name, address and telephone number. In all cases of doubt and in
a random sample of the others, the signatory should be contacted, preferably by telephone, to check that
he/she did complete the statement and has known the prospective employee for a minimum of three years.
•
Other EU Nationals
Either a full passport or an identity card issued by an EU country;
•
Other Nationalities
Either a full passport issued by the country concerned or a document/letter issued by the Home Office
establishing the individual's immigration status in the UK.
1.44.
Please note that the following are not acceptable as proof of identity:
•
•
an international driving licence (these are frequently and easily forged);
a copy of a birth certificate issued more than six weeks after the birth (such copies can be purchased
on request at St Catherine's House for any identity, not just one's own).
Checking Documents
1.45.
When checking documentation it should be borne in mind that a small proportion of individuals may not be
who they say they are. There can be a number of reasons for such deception including:
•
•
•
•
concealment of a criminal record;
illegal immigration;
concealment of identity for the purposes of terrorism or espionage;
DSS fraud.
Any of these reasons could cause someone to act improperly whilst in government employment (e.g.
commit theft or fraud; breach the Official Secrets Act; provide false documentation for others; threaten the
safety and well being of staff and members of the public). It is thus of considerable importance that care is
taken to check documents thoroughly.
1.46.
There are a number of simple steps which can be taken to verify the documents produced:
•
•
•
•
•
•
1.47.
insist that original documents are produced and not transcripts or photocopies;
examine the documents to make sure that they are originals, comparing them where possible with other
examples you may have to hand;
check, as far as possible, that the paper and typeface are similar to any others you may have to hand,
or may have examined recently and that the watermark, where appropriate, is present (passports and
driving licences invariably contain a watermark);
examine the documents for alterations or signs that the photograph and/or signature have been
replaced;
check that any signature on the documents tallies with other examples in your possession and, if
practicable, ask the prospective employee to sign something in your presence;
check the details given on the documents correspond with what you already know about the individual.
The date of issue of documents presented should be noted. Particular care should be taken where
documents are recently issued, especially if all the documents available are new and there is little referee
coverage (see below).
Other means of Confirming Identity
1.48.
If other means of checking documentation are available to you they should not be neglected. For example,
adequate referee coverage can provide a high level of assurance, particularly where the reference is given
by a reputable organisation or by someone known to the Department. However, reasonable steps should be
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taken to ensure that the reference is genuine. Written references produced by the prospective employee
should be treated with care and, where possible, followed up directly with the organisation concerned,
particularly where the reference is less than convincing (e.g. on poor quality paper or containing spelling or
grammatical errors). Where someone, particularly a young person, has difficulty providing both evidence of
identity and adequate referee coverage, it may be appropriate to obtain both from the same person (see
paragraph 1.39 above).
Action in Cases of Doubt
1.49.
If, having examined the information available, there remains a doubt about the identity of a prospective
employee, the matter should be referred to the Departmental Security Officer (DSO), who will examine the
papers and, if necessary, refer the matter elsewhere for an expert opinion. In no circumstances should you
confront the individual without obtaining the prior agreement of the DSO.
Checking for Integrity
1.50.
References should be obtained from a combination of previous employers, academic or personal referees
covering at least the last three years. Written references produced by the prospective employee should not
be used although they can be followed up directly with the organisation or person concerned. Where
someone, particularly a young person, has difficulty providing both evidence of identity and adequate
referee coverage, it may be appropriate to obtain both from the same source.
1.51.
All candidates are required to complete the standard Character Enquiry Questionnaire. These should be
sent to applicants and may be used to decide whom to invite for interview. The CPS is covered by Article
3(a) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and consequently applicants are
required to disclose all convictions including spent convictions. A specimen form is included in Chapter 6.
Recruitment of Applicants with Criminal Convictions
1.52.
In setting its standards in both recruitment and retention of staff the CPS decides whether the conduct and
behaviour of staff:•
•
•
1.53.
makes them unsuitable for their type of work;
may prove unacceptable to other employees; or
may reflect adversely on the public image of the department.
Individuals convicted of a serious offence who receive a custodial sentence or have been dismissed from
Her Majesty's Service (other than dismissal for being homosexual) are to be rejected automatically.
Appendix 7 contains a generic list of serious offences. Individuals who committed or attempted to commit
such offences, or who invite or aid and abet their commission by others should not normally be considered
for employment with the CPS. This also applies to individuals who have been cautioned for such offences.
Other Offences including Drink Driving
1.54.
In considering whether or not to appoint someone with a criminal conviction not covered by paragraph 1.49
above, the overriding considerations must be those in paragraph 1.48. To this end the following factors
should be taken into account:•
•
•
•
the gravity of the offence;
when the offence was committed;
whether there has been an element of repetition or persistent offending; and
the level of responsibility - including the possibilities of career progression - of the individual concerned.
1.55.
Whilst drink driving convictions should be considered as indicated above, in practice the department takes
a firm approach to such offences and it will therefore be extremely unlikely for an applicant with such a
conviction to be appointed.
1.56.
Authority for the appointment of any applicant with a declared conviction rests with the Area Business
Manager (who may not delegate this power) for recruitment undertaken at Area level and with the Head of
Recruitment & HR Policy at HQ. Any cases of doubt should be referred to the Head of Recruitment & HR
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Policy at HQ, who will take advice as necessary.
National Identification Service (NIS)
1.57.
All individuals seeking access to CPS premises whether as an employee, contractor, work experience
participant etc. must complete the NIS Vetting Enquiry form (see Chapter 6).
1.58.
Offers of appointment conditional upon receipt of satisfactory NIS clearance are to be made only in the
most exceptional circumstances and with the specific authority of the ABM for Areas or the Head of
Recruitment & HR Policy at HQ. Any person who is appointed in this way must be supervised at all times
until the confirmation or clearance is received.
1.59.
When an individual leaves CPS employment and subsequently returns to work for the department after a
period of absence in excess of 3 months, a new NIS check must be conducted: it is not sufficient to rely on
a previous NIS check.
1.60.
The NIS enquiry form now includes a need to confirm that the details on the form have been checked
against the original birth certificate or passport (or alternatives - see paragraph 1.39 above). Failure to
include all the requested information on the form will result in a delay to the vetting procedure. The
Character Enquiry form must also be completed in full. For example, if an individual has indicated on the
form that they have a previous conviction or caution but has not provided details, the form must be returned
to them for completion before the enquiry is processed.
1.61.
Upon receipt of the NIS form in HR Services at HQ, the information will be logged and forwarded to New
Scotland Yard who will complete the enquiry within 10 to 14 working days. Telephone checks may only be
requested in exceptional circumstances and must be accompanied by a full explanation of why a postal
enquiry will not suffice.
1.62.
Where previous convictions or cautions appear on the NIS report but have not been disclosed on the
Character Enquiry Form, the candidate should be contacted to establish whether he or she is the subject of
the conviction report. Where the candidate confirms that he or she is the subject, he or she must not be
appointed.
1.63.
Where an individual denies that the convictions relate to him or her, checks must be made of the details of
the NIS report (date and place of birth, previous addresses and full name) against the information acquired
as part of the identity check - see paragraph 1.39 above. If the details are dissimilar, the NIS report may be
disregarded. If, however, the details are identical or sufficiently similar to suggest that the individual and
subject of the positive NIS report are one and the same, HR Services at HQ should be consulted. On no
account should the individual be allowed access to CPS premises until further enquiries have been
completed and a conclusion reached.
1.64.
If there are identical or close matches between the details of the positive trace and the individual's identity
check and the individual disputes that he or she is the subject of the positive trace, the option of conducting
a fingerprint check may be offered. Area Business Managers should seek the advice of HR Services at HQ
in the first instance. The following steps should be taken:
•
ABMs should contact HR Services at HQ who will approach NIS to ascertain whether fingerprint records
relating to the positive trace are available;
if fingerprint records are available, ABMs should write to the subject asking if he/she would be willing to
undergo a fingerprint comparison, either at their local police station or at New Scotland Yard;
if the individual is willing, ABMs should contact HR Services at HQ who will liaise with NIS to make the
necessary arrangements (under no circumstances should the number of the NIS Unit or the fingerprint
office be given to members of the public);
HR Services at HQ will inform the ABM of the arrangements for the comparative check. The ABM should
then write to the subject informing him/her of the arrangements, copying any correspondence to HR
Services at HQ;
NIS will inform HR Services at HQ of any results. These will be passed to the ABM to communicate to the
individual;
if the fingerprint check is positive the individual must not be given access to CPS premises. If negative, the
ABM/Head of Recruitment & HR Policy staff will be responsible for deciding whether to allow access or not.
•
•
•
•
•
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1.65.
For guidance on when it is appropriate to secure a higher level clearance for certain posts, please refer to
HR Services at HQ and Chapter 13 of the Security Manual.
DISCRIMINATION
1.66.
Recruitment to the CPS is subject to the requirements of the Sex Discrimination Act 1975, the Race
Relations Act 1976, the Disability Discrimination Act 1995 and the Sex Discrimination (Gender
Reassignment) Regulations 1999 which make it unlawful for an employer to discriminate between
applicants for a post on grounds of sex, marital status, race, colour, nationality, ethnic or national origins,
disability, or gender reassignment. There is, however, a dispensation under the Race Relations Act to allow
for the nationality rules operated by the Civil Service. Guidance on the nationality rules is given at paragraph
1.39 above. It is now accepted on the basis of case law that the Sex Discrimination Act covers sexual
orientation. In addition to these legal requirements, the CPS is also committed to ensuring that there is no
discrimination on the grounds of age, religion or working pattern.
1.67
Discrimination covers not only acts of discrimination against individuals but also indirect discrimination
arising from applying in the recruitment process, requirements which adversely affect a particular group and
cannot be shown to be justified. Further guidance is contained in Volume 5 of this Manual, which contains
copies of the Departmental Programmes for Action on Women, Race and Disability, to which reference
should be made.
Equal Opportunities Monitoring
1.68.
Areas are required to monitor each recruitment exercise to ensure that discrimination does not occur.
Further guidance on the steps to be taken in conducting this monitoring is contained in Chapter 5 of this
Volume.
EMPLOYMENT OF PEOPLE WITH DISABILITIES
1.69.
To respond positively to its responsibilities as an employer, the CPS undertakes to invite for interview all
applicants who:
•
•
meet the definition of disability in the Disability Discrimination Act 1995 (DDA); and
satisfy the minimum criteria for the advertised vacancy. The minimum criteria - the requirements for the
post - will be clearly specified in the advertisement.
1.70.
Applicants meeting the above criteria will be invited for interview, irrespective of any additional sift criteria
that may be introduced.
1.71.
These undertakings do not override the need for selection on merit through fair and open competition. It is
essential that applicants who would be selected for interview on the basis of additional sift criteria are not
displaced by disabled candidates who meet the minimum criteria. The numbers invited for interview must
therefore be increased by the inclusion of those disabled candidates.
1.72
Guidance relating to the CPS adoption of the Employment Service Disability Symbol (the ‘two ticks’ symbol)
is in Volume 5 at paragraph 4.21.
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Recruitment Principles - Appendix 5
COUNTRIES IN THE EUROPEAN UNION
1.
Austria
2.
Belgium
3.
Denmark
4.
Finland
5.
France
6.
Germany
7.
Greece
8.
Ireland
9.
Italy
10.
Luxembourg
11.
Netherlands
12.
Portugal
13.
Spain
14.
Sweden
15.
United Kingdom
Personnel Management Manual - Volume 1
February 2003
Recruitment Principles - Appendix 6
TERRITORIES WHICH MAY BE REGARDED AS FORMING PART OF THE COMMONWEALTH FOR THE
PURPOSE OF THE NATIONALITY RULE
United Kingdom
United Kingdom Dependent Territories
Crown Dependencies
Channel Islands
Isle of Man
Colonies
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Falkland Islands and Dependencies
Gibraltar
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena and Dependencies (principally Ascension Island and Tristan de Cunha)
Turks and Caicos Islands
The Sovereign base areas of Akrotiri and Dhekelia
(areas in section 2(1) of the Cyprus Act 1960)
Antigua and Barbuda
Australia
Australian External Territories
Australian Antarctic Territory (including MacDonald, Heard and Macquarie Islands)
Christmas Island
Cocos (Keeling) Islands
Norfolk Island
The Bahamas
Bangladesh (formerly East Pakistan)
Barbados
Belize (formerly British Honduras)
Botswana (formerly Bechuanaland Protectorate)
Brunei Darussalam
Cameroon
Canada
Cyprus (Republic of)
Dominica
Fiji Islands
The Gambia
Ghana which comprises:
the former colony of the Gold Coast (including Ashanti);
•
the former Northern Territories of the Gold Coast (a protectorate); and
•
the former Togoland (a UK Trust Territory)
•
Grenada
Guyana (formerly British Guiana)
India
Jamaica
Kenya
Kiribati (formerly Gilbert Islands)
Lesotho (formerly Basutoland)
Malawi (formerly Nyasaland)
Malaysia which includes:
Personnel Management Manual - Volume 1
February 2003
Recruitment Principles – Appendix 6
•
the federation of Malaya, comprising the former Crown Colonies of Malacca and Penang and the former
Protected States of Johore, Kedah, Kelantan, Negri Sembilan, Pahang, Perak, Perlis, Selangor and
Trengganu;
Sabah (formerly British North Borneo); and
•
Sarawak
•
The Maldives
Malta
Mauritius
Mozambique
Namibia
Nauru
New Zealand
New Zealand Territories
Colonies and Dependencies
Niue
Ross Dependency
Tokelau Islands Group (formerly Union Islands)
Associated State
Cook Islands
Nigeria (including Northern Cameroons)
Pakistan
Papua New Guinea
St Kitts (Christopher) and Nevis
St Lucia
St Vincent and The Grenadines
Samoa
Seychelles
Sierra Leone
Singapore
Solomon Islands
South Africa
Sri Lanka (formerly Ceylon)
Swaziland
Tanzania (formerly Tanganyika and Zanzibar)
Tonga (or Friendly Islands)
Trinidad and Tobago
Tuvalu (formerly Ellice Islands)
Uganda
Vanuatu (formerly New Hebrides)
Zambia (formerly Northern Rhodesia)
Zimbabwe (formerly Southern Rhodesia and Rhodesia)
Definitions
Dependent Territory: A territory belonging by settlement, conquest or annexation to the British Crown or to an
independent Commonwealth country.
Associated State: A state which is fully self governing and has its own parliament but a full member of the
Commonwealth is responsible for its external affairs and defence. The association is terminable at any time should an
associated state opt for full independence.
Protected State: A territory which, while retaining its own sovereignty, has entered into a treaty giving the British
Government certain rights and responsibilities. Its people are British protected persons.
Trust Territory: A territory (formerly a colony of a nation defeated in war) whose administration was entrusted to Britain
by the United Nations Trusteeship Council.
February 2003
Personnel Management Manual - Volume 1
Initiating Recruitment
CHAPTER 2
INITIATING RECRUITMENT
LIST OF CONTENTS
GENERAL PRINCIPLES
2.1
PUBLICISING VACANCIES
2.6
Targeted Advertising
2.9
Timing
2.11
RE-APPOINTMENT
Definitions
2.14
Eligibility
2.17
Applications
2.19
Probation
2.25
Annual Leave
2.26
Pay
2.27
Superannuation
2.29
APPENDIX
Checklist of Recruitment Procedure
Personnel Management Manual – Volume 1
1
March 2002
Initiating Recruitment
CHAPTER 2
INITIATING RECRUITMENT
GENERAL PRINCIPLES
2.1
Any recruitment campaign should only be undertaken with the prior agreement of Area Business
Managers/Personnel 2 in Headquarters. The local Trade Union Side must be informed of any decision to
conduct a recruitment exercise.
2.2
Before initiating a recruitment exercise, and once the ABM/HQ Director has decided to fill the vacancy,
other ways of filling vacancies should be considered:
• redeploying staff who are displaced or overbearing;
• effecting the transfer of staff on the Area's Transfer Register for compassionate or other reasons;
• promoting/progressing staff on waiting lists;
• running an internal promotion exercise;
• the possibility of securing level transfers from OGDs or Agencies;
• the opportunity for any staff development move.
2.3
Although there are no formal agreements between the CPS and DTUS - and none should be made at Area
level - consideration should be given to balancing the career development needs of existing staff against
the opportunity presented by open recruitment to bring in people with particular skills or fresh ideas and
experience.
2.4
Area Business Managers/Personnel 2 for HQ are required to fully document all decisions in relation to
initiating a recruitment exercise.
2.5
A Checklist of Recruitment Procedure is attached at Appendix 1.
PUBLICISING VACANCIES
2.6
Advertisements must conform with the guidance set out in the House Style Manual and with the Corporate
Identity Guidelines. In addition, advertisements must contain the following information:•
•
•
•
•
•
•
•
•
2.7
a concise, explicit description of the job;
the likely location;
any formal qualifications required;
outline salary details;
type of appointment - where this is not permanent, the possibilities of promotion/progression, regrading,
extension or permanency should be made clear;
the closing date for receipt of applications and the address to which they should be sent;
the formal CPS Equal Opportunities Statement;
the recruitment complaints procedure;
advertisements in Wales should be bilingual.
An information pack to be sent to all applicants should be prepared which must include the following:•
•
•
•
•
•
a statement of outline terms of employment, which must include the CPS statement on nationality;
an application form;
the Applicant's Guidance Note: Recruitment;
a character enquiry form;
an Equal Opportunities questionnaire;
the Equal Opportunities in the Crown Prosecution Service leaflet.
All these documents are contained in Chapter 6 of this Volume.
2.8
In addition the information pack can include further details of the job and an indication of the experience or
skills required. Clarity will encourage self-selection and therefore attract realistic applications.
Targeted Advertising
March 2002
Personnel Management Manual – Volume 1
Initiating Recruitment
2.9
In considering where to advertise, account must be taken of the ethnic balance of the target population.
Overt or implied discrimination must be avoided - see Chapter 1.
2.10
All vacancies must be advertised through the local Jobcentre. Vacancies at Level B and above must
additionally be advertised in the local press.
Timing
2.11
Prospective applicants must be given a reasonable time to become aware of the vacancies. What is
reasonable depends on local circumstances, such as the time needed by potential candidates from outlying
districts to become aware of any Jobcentre card and whether it has been supplemented by advertisement
in the press.
2.12
As a guide, advertisements should normally be left in the Jobcentre for a minimum of 5 working days: the
closing date for receipt of applications should be a minimum of 10 working days from the appearance of the
advertisement.
2.13
Jobcentres should be given clear written instructions regarding the dates on which the advertisement is to
appear. Evidence of these instructions should be retained with the recruitment papers.
RE-APPOINTMENT
Definitions
2.14
Re-appointment means appointment to the Crown Prosecution Service following an earlier period of
employment in the Civil Service or with another employer recruiting to Civil Service standards. It can take 2
forms:
•
•
Reinstatement means re-appointment to the same substantive level/pay band/grade as that held on
resignation.
Re-employment means re-appointment in any other situation.
2.15
A member of staff who resigned before the introduction of the new level structure (on 1.10.97) can no
longer be reinstated as the grading structure prior to that date is obsolete. Re-employment would apply in
such instances.
2.16
It follows that reinstatement can only apply where the applicant has been employed by the Department
under the level structure introduced on 1.10.97
Eligibility
2.17
There is no automatic right to either reinstatement or re-employment.
2.18
Conditions of eligibility for reinstatement or re-employment are:(a) the applicant must have been selected for his/her former appointment on merit and on the basis of fair
and open competition in accordance with Civil Service recruitment procedures operating at the time
he/she was first recruited;
(b) the applicant must not have been dismissed for inefficiency or misconduct;
(c) in the case of an applicant previously retired on medical grounds, the Department's occupational health
adviser must approve;
(d) anyone who left the Civil Service on early retirement, and gave an undertaking not to seek reemployment in the Service is not normally eligible for reinstatement or re-employment;
Personnel Management Manual – Volume 1
March 2002
Initiating Recruitment
(e) educational qualifications are not required of those who meet sub-paragraphs (a) and (b) above;
(f) special rules and arrangements apply to staff who:•
•
•
return after service with the European Communities;
return after service with HM Forces. In this case arrangements would be based on the Reserve
Forces (Safeguard of Employment) Act 1985;
resign in order to become Parliamentary Candidates.
In these cases the Head of Personnel 2 should be consulted.
Applications
2.19
In considering applications for reinstatement or re-employment the CPS must: (a) check the reasons for resignation, consulting the department or agency from which the applicant
resigned about whether there is any reason why the applicant should not be offered reinstatement or reemployment; and
(b) assess whether the applicant satisfies the prevailing standard for entry into the level/pay band using
normal recruitment criteria (apart from educational qualifications) and procedures;
(c) check that the CPS requirements relating to nationality, health and character are satisfied.
2.20
The applicant should be asked to complete a standard recruitment application form, together with all the
associated documentation including the Character Enquiry, NIS, and Health declaration forms (recruitment
and PCSPS). These will enable the normal checks referred to in paragraph 2.19(c) above to be carried out.
2.21
Consultations with the previous employer to establish the reasons for resignation - and to check previous
sick record and performance assessments - should be carried out prior to any decision as to whether or not
to offer an interview.
2.22
In most cases, applicants who successfully pass the checks at paragraph 2.20 above should be assessed
against the prevailing recruitment standard by means of an interview conducted by an appropriate board
with recent recruitment experience. It is often convenient to combine potential reinstatement/reemployment applicants with a standard recruitment exercise. Exceptionally (if there is no likelihood of an
external recruitment exercise), candidates for re-instatement or re-employment as Level C Pay Band C1s
or Level C Pay Band C2s can be assessed following a period of probation. In this case, the normal
probationary guidance rules should be followed, including those in paragraph 2.25 below.
2.23
It should be noted that applicants for reinstatement/re-employment as Level C lawyers who have been away
from the CPS for 5 years or more must go before a formal recruitment interview panel and be considered in
direct competition with other external candidates.
2.24
All successful candidates for reinstatement or re-employment must receive a letter setting out their terms
and conditions of service. The format should be as for a new appointment to the CPS.
Probation
2.25
Probation on reinstatement or re-employment is discretionary. Areas have authority to decide the
appropriate time on a case-by-case basis. As a guide, the following parameters should be used:
(a)
the overriding criterion should be the length of absence;
(b)
short absences (return in less than 12 months) would be unlikely to warrant the imposition of a
probationary period;
any period of absence of 12 months or more should require the normal probation period to be
served afresh (i.e. 6 months for Level A and Level B Pay Bands B1, B2 and B3, 12 months for
(c)
March 2002
Personnel Management Manual – Volume 1
Initiating Recruitment
Level B (Pupil Barristers), Level C, Level D and Level E staff, 24 months for Level B (Trainee
Solicitors) and a period of up to 12 months for SCS staff).
Annual Leave
2.26
(a)
There is no entitlement to increased annual leave as a result of work
outside the Civil Service, but see paragraph 4.15 for discretionary powers.
(b)
Annual Leave should therefore be calculated taking account of the length
of any previous relevant service following standard procedures.
Pay
2.27
Staff may be reinstated to the same or equivalent level/pay band and re-employed in a higher or lower
level/pay band. Starting pay on reinstatement is to a point in the pay band which reflects previous service in
the same or equivalent level/pay band/grade. Starting pay on re-employment is to a point in the pay band
which reflects previous service in any higher, but not lower, level/pay band/grade. The CPS has discretion
to award higher starting pay to reflect any exceptional relevant experience gained during the break in
service.
2.28
Responsibility for agreeing starting pay on reinstatement or re-employment has not been delegated to
Areas. The following action should therefore be taken: (a) Interview panels (paragraph 2.22) should recommend a starting salary based on all previous work
experience and starting salaries currently being offered to new recruits in the level/pay band. It is
expected that a minimum salary should be recommended wherever possible.
(b) A complete set of papers together with the recommendation on starting pay should be passed to Pay
Unit, Personnel 3. The reinstatement/re-employment salary based on the individual's previous Civil
Service employment history and salary will be calculated. The officer will receive the more favourable
of flexible starting pay or the reinstatement/re-employment calculation.
Superannuation
2.29
Details will be calculated by Superannuation and Allowances Unit, Personnel 3 on receipt of the papers
referred to in paragraph 2.28(b) above.
Personnel Management Manual – Volume 1
March 2002
Initiating Recruitment - Appendix 1
CHECKLIST OF RECRUITMENT PROCEDURE
1.
Confirm that there is no alternative to recruitment.
2.
Plan recruitment timetable.
3.
Notify Jobcentre if appropriate.
4.
Advertise in the Press if necessary.
5.
Issue enquirers with an application form and information pack.
6.
On receipt of completed application forms make preliminary eligibility checks on nationality, qualifications and
character.
7.
Short-list eligible applicants for interview and notify them.
8.
Notify applicants not selected for interview, at the same time returning to them their original NIS and Character
Enquiry forms.
9.
Interview short-listed candidates and record results in order of merit.
10.
Notify successful candidates, enclosing Health Declaration forms.
11.
Notify candidates not selected.
12.
Confirm successful security, integrity and health checks.
13.
Notify any candidates who fail security, integrity or health checks.
14.
Take appropriate appointment action.
15.
Record and report recruitment statistics.
16.
File papers on successful candidates on their personal files.
17.
Retain all other papers for the prescribed period.
29.02.00
Personnel Management Manual – Volume 1
Selection Procedures
CHAPTER 3
SELECTION PROCEDURES
LIST OF CONTENTS
CHECKING THE APPLICATION FORM AND SHORTLISTING
Initial Action
3.1
Shortlisting
3.3
CHARACTER AND INTEGRITY CHECKS
3.7
INTERVIEWS
Personnel Management Manual - Volume 1
3.11
November 2001
Selection Procedures
CHAPTER 3
SELECTION PROCEDURES
CHECKING THE APPLICATION FORM AND SHORTLISTING
Initial action
3.1
Application forms should be acknowledged and checked on arrival for completeness and any unsigned or
incomplete application returned.
3.2
Application forms may also be checked as they arrive for evidence of eligibility. Any applicant who does not
meet the Nationality requirements should go forward for the sift panel to confirm the validity of the decision.
In a similar fashion, those applicants whose character enquiry forms indicate a serious offence as
described in Chapter 1 can be rejected prior to sift. Any cases of doubt must, however, be considered by
the sift panel.
Shortlisting
3.3
The purpose of shortlisting is to reduce, in a fair and economical way, the number of eligible applicants
needed for interview in order to fill the vacancies. In determining the size of the shortlist it should be borne
in mind that the more the number invited for interview is restricted, the less likely the standard of new
entrant required will be achieved. In times of shortage, not all the invited candidates are likely to attend.
Taking all these points into account, a minimum of three candidates per vacancy should be invited for
interview.
3.4
Any form of selection process is potentially discriminatory. The sifting should, therefore, be carried out by at
least two people who do not have access to the ethnic monitoring or health declaration forms and who are
familiar with the criteria against which the candidates are to be judged. There must be no unlawful
discrimination or breach of the Department's equal opportunities policy.
3.5
Sift criteria required, including experience, abilities, aptitudes and personal qualities must be relevant to the
job, including any potential for promotion. A record of the results must be made and should include the
following:
3.6
•
the sift date;
•
the names of the panel members;
•
the criteria used;
•
the number of applicants considered, selected and rejected on the basis of the initial and any additional
sift criteria; and
•
the result for each candidate, with reasons for those rejected.
Under no circumstances are random sifting techniques, such as selecting every third applicant for interview,
to be used.
CHARACTER AND INTEGRITY CHECKS
3.7
It is essential that integrity checks are carried out before a new entrant takes up any appointment with the
department. Paragraph 1.53 of this Volume gives details of the procedures to be followed.
3.8
In order not to waste resources, the character enquiry form should be used so that people who declare
serious offences as defined (see Chapter 1 Appendix 7) are not invited for interview. In addition, references
(see Chapter 6) should be sought at the time of offering an appointment rather than at sift stage. Some
candidates will, however, request that employer references should not be taken up without their permission.
Care should be taken to honour this request although it must be pointed out to candidates that permanent
appointments can only be made after a satisfactory reference has been received.
November 2001
Personnel Management Manual - Volume 1
Selection Procedures
3.9
3.10
References should be examined critically. Personal references are unlikely to provide an objective
assessment and are thus likely to be of limited value.
References for staff currently employed by other Civil Service departments or agencies should be sought
from the appropriate Personnel section rather than from line management.
INTERVIEWS
3.11
Interview panels must meet the following requirements:
•
they must consist of trained interviewers and have at least 2 members for non-mobile recruitment and 3
for mobile recruitment;
•
they must not be composed entirely of men or entirely of women;
•
the Chair must be an experienced interviewer;
•
where they are CPS staff, the Chair and the panel members must be in a higher pay band than the post
advertised, unless they are providing specialist support from a relevant discipline; and
•
CPS panel members who are on temporary promotion or temporary progression may sit on recruitment
panels and this includes the filling of vacancies at their substantive level/pay band.
3.12
In choosing panel members the primary consideration should be their competence for the task. When
recruiting in an Area with a substantial ethnic minority population, an ethnic minority panel member (or
Chair) should be used wherever possible.
3.13
Interviews must be conducted within the framework of selection on merit on the basis of fair and open
competition. In particular, attention must be paid to the need to avoid any form of prejudice in matters of
sex, colour, race, ethnic or national origins, disability, religion, age, marital status, working pattern, sexual
orientation or gender reassignment. Interviews should follow the structure explained in the departmental
training courses.
3.14
Applicants with a disability who have been selected for interview should be invited to complete the
Assistance for Interview form which is included in Chapter 6.
3.15
All panel members should have copies of each candidate's application form together with a copy of the
advertisement and any other information sent out to candidates (e.g. job description). Health declarations
and equal opportunities questionnaire should not be included.
3.16
Each panel member must complete the relevant assessment form for each candidate and the Chair should
summarise on the assessment form the reasons for selection or non-selection of individual candidates. The
panel will agree a mark, which should be entered on the assessment form, as part of the post-interview
discussion. After a few interviews the panel may, at its discretion, review the marks that have been given.
By such time, a standard of performance should have emerged and a review might therefore be
appropriate. Assessment forms to be used by the Chair and panel members are included in Chapter 6.
3.17
When all the candidates have been interviewed, the Chair should prepare a final list of all candidates in
merit order, together with the agreed panel mark. The Recommendations of the Panel form for the Chair to
use is included in Chapter 6.
Personnel Management Manual - Volume 1
November 2001
Pre-Appointment Checks/Procedures
CHAPTER 4
PRE-APPOINTMENT CHECKS/PROCEDURES
LIST OF CONTENTS
HEALTH CHECKS
4.1
Access to the Civil Service Pension Scheme
4.6
ACTION FOLLOWING INTERVIEW
Notification of Results
4.12
Reserve Candidates
4.13
Flexible Starting Pay
4.14
Annual Leave Flexibility
4.16
Letters of Appointment
4.17
Retention of Documents
4.19
APPENDICES
Referable Complaints and Conditions
1
PCSPS – Medical Opinion
2
Retention of Documents Checklist
3
Flexible Starting Pay
4
Personnel Management Manual - Volume 1
April 2003
Pre-Appointment Checks/Procedures
CHAPTER 4
PRE-APPOINTMENT CHECKS/PROCEDURES
HEALTH CHECKS
4.1
Candidates for appointment must be fit to carry out the duties of the post and to be likely to give regular and
effective service for at least 5 years or for the period of appointment if shorter. However, employers also
have an obligation placed on them by the Disability Discrimination Act 1995 (DDA) to identify obstacles to
employment and the reasonable adjustments necessary to overcome those obstacles for a particular
individual in a specific job.
4.2
Candidates for interview should be asked to complete the Health Declaration: Recruitment form in Chapter
6 of this Volume. All cases, except for applicants over 50 years of age, where reference is made to any
complaint or condition listed in Appendix 1 to this Chapter must be referred to the Department’s
occupational health adviser (currently BMI Health Services) using Form CAB MED 3 (see Chapter 6). A
reason should be given for the referral together with copies of the following documents:
•
BMI case referrals form BMI OHR 05/98 (see Chapter 6);
•
application form;
•
health declaration form ensuring that:
•
all questions are answered,
•
the full name/address/telephone number of the doctor is stated,
• the candidate has consented to his/her doctor/specialist being approached and the Access to
Medical Reports section has been completed,
• the health declaration has been completed or updated within the previous 6 months;
•
a detailed job description with particular reference to the physical/mental requirements of the post.
Also, where available:
4.3
4.4
•
references from previous employers/schools/colleges;
•
interview reports;
•
records of previous government employment including sickness absence record.
If a candidate is to be recruited to a permanent or fixed-term position after a casual appointment, the
following should also be included:
•
a completed Occupational Health Referral form (see Chapter 6 of this Volume) or, in its absence, an
up-to-date sickness absence record which indicates the reason for absence;
•
the manager’s appraisal/recommendation which should include details of the candidate’s work
performance and management’s comments regarding the suitability of the candidate.
In addition, for any proposed appointment involving driving duties, the candidate must be referred to BMI for
a medical examination. The Civil Service definition of a driver is any employee who is frequently or regularly
engaged in driving duties, either full or part-time, whatever the vehicle. This includes those who undertake
the duties of an absent driver as well as those who have regular or part-time employment as a driver. It
does not include staff whose duties are of a peripatetic nature. Potential appointees should be asked to
complete Form BMI OHR 05/98 and the procedures detailed in the preceding paragraph followed. Following
appointment, all staff employed as drivers should be told in writing that if at any time they become aware
April 2003
Personnel Management Manual - Volume 1
Pre-Appointment Checks/Procedures
that they have a health problem which may affect their fitness to drive, they must inform their line manager.
Volume 4 Chapter 4 of this Manual gives details of BMI referral procedures for existing staff.
4.5
Following referral, BMI will recommend one of the following:
•
accept the candidate as meeting the health standard;
•
reject the candidate on health grounds.
All decisions should be communicated to the candidate in writing. It is not possible to reject a candidate on
health grounds without seeking the advice of BMI.
Access to the Civil Service Pension Scheme
4.6
Since April 1998, all new entrants to the Civil Service Pension Scheme (CSPS) are required to complete a
second health declaration form for access to the ill-health benefits of the CSPS. This requirement also
applies to permanent staff who have had a break in service and are, in effect, rejoining the CSPS.
However, CSPS health declarations need not be completed for new entrants aged 50 or over. Service
Centre Personnel Officers/HR Services for HQ should complete the appropriate section on page 1 of the
Civil Service Pensions Health Declaration form (see Chapter 6) and attach a job description before sending
the form to all new entrants. The Letter of Appointment for permanent and fixed-term staff (see Chapter 6)
makes reference to this requirement and advises staff that they may return the form in a sealed envelope, if
they wish the form to be seen only by a medical practitioner.
4.7
Returned CSPS health declaration forms can be screened by Personnel Officers/HR Services for HQ staff,
providing the individual has given their consent on the form. Forms screened by Department personnel
officers can be deemed to be acceptable only if questions 1-5 have all been answered in the negative
without further qualification and if none or only one of the questions 6-19 have been answered in the
positive, and the declaration has been signed.
4.8
Personnel Officers/HR Services for HQ staff should then inform the individual in writing that they have been
given access to the full range of benefits provided by the CSPS. The completed forms must be forwarded
to Superannuation Unit, HR Services, for retention on the individual’s pension file.
4.9
If the individual does not give consent for the Department to screen the form, or if the answer to any of
questions 1-5 is in the affirmative or if two or more of questions 6-19 are answered in the affirmative, then
the form must be sent for scrutiny to the medical advisers to the CSPS (currently BMI Health Services).
BMI will provide a certificate either giving an unqualified acceptance or a broadly banded assessment of
when ill-health retirement might occur (Appendix 2). If BMI issue an unqualified certificate, by completing
section 1 of the form, Personnel Officers/HR Services for HQ staff should inform the individual in writing as
above (paragraph 4.7). If BMI complete section 2 of the form, Area Business Managers should refer the
form, together with any other relevant papers, to Superannuation Unit, HR Services.
4.10
Personnel Officers/HR Services must maintain a record of the number of forms screened in-house and
accepted by the Department without referral to BMI, as Superannuation Unit are required to report on this
quarterly to the Civil Service Pensions Division.
4.11
Individuals who are excluded from the ill-health benefits of the CSPS will be informed by Superannuation
Unit that they can apply to have the decision reviewed after 18 months’ service and again after 10 years’
service. These reviews will take account of the then current medical condition of the individual. Where as
a result of a review an individual is judged as meeting the health standard, this will take effect from the date
of entry to the scheme. An application for an additional review, outside these set periods, may be allowed
but only in exceptional circumstances, where a significant change in the medical condition has occurred.
The costs associated with medical checks and subsequent reviews will be met from Area budgets.
ACTION FOLLOWING INTERVIEW
Notification of Results
Personnel Management Manual - Volume 1
April 2003
Pre-Appointment Checks/Procedures
4.12
All candidates interviewed must be told their results in writing as soon as possible. Successful candidates
cannot be offered a post until the character and integrity checks referred to in Chapter 1 of this Volume
have been completed. In addition, the Department’s health standard requires candidates to be fit to carry
out the duties of the post and likely to give regular and effective service for at least 5 years or for the period
of appointment if shorter. Details of the health declaration and subsequent action are set out above.
Appointments must be made in merit order.
Reserve Candidates
4.13
If successful candidates decline appointment or similar unforeseen vacancies occur within a reasonable
period, reserve candidates can be approached in order of merit. It is also permissible to offer reserve
candidates a more junior appointment (providing that they meet all the requirements for that level/pay band)
and provided that this possibility was mentioned in the original advertisement. A specimen reserve letter is
included in Chapter 6 of this Volume.
Flexible Starting Pay
4.14
It is expected that most appointments will be at the minimum of the relevant salary range. Higher starting
pay may be available, however, for candidates with exceptional relevant experience, qualifications and/or
other skills. Higher starting pay should not merely be used to match a candidate’s existing salary. There is a
danger in creating pay anomalies both with staff already in the level/pay band and with internal promotees.
Starting pay must be within the advertised salary range. The calculation of flexible starting pay is revised
each year in August as part of the pay agreement. Details of the current arrangements are at Appendix 4.
4.15
Recommendations for higher starting pay should be made by the board chairman on the interview report
form, but not discussed with the candidate.
Annual Leave Flexibility
4.16
Annual leave allowances, which are determined by the level/pay band at which the initial appointment is
made, are set out in Volume 4 paragraph 1.22. Recruitment panels can give credit towards higher annual
leave entitlements to candidates joining the Service from other Government departments, local authorities
or private sector employment if they have periods of service at comparable levels of responsibility.
However, the maximum allowance of 30 days cannot be exceeded.
Letters of Appointment
4.17
All staff are entitled under the terms of the Employment Rights Act 1996 to receive written particulars of
their employment not later than two months after the beginning of that employment. This requirement
applies to casual as well as fixed-term or permanent appointments.
4.18
It is therefore essential that the specimen letters of appointment contained in Chapter 6 are used
and that the two month deadline is maintained. It will normally be possible to send at least a conditional
letter of appointment within two weeks of the appointment commencing. Once all the enquiries are
satisfactorily completed and references received, a further letter confirming the offer of appointment should
be sent.
Retention of Documents
4.19
Personnel Directorate and Capita RAS have a responsibility to monitor recruitment schemes to ensure that
the central and departmental rules on eligibility and fair and open competition are met. The following
records therefore need to be retained for at least 12 months or the last 3 campaigns if there have been
fewer than 3 in the last 12 months:•
evidence of details notified to Jobcentres and copies of any press advertisements. These are to
include where they were placed and the length of time allowed for response;
•
any information sent out to applicants;
April 2003
Personnel Management Manual - Volume 1
Pre-Appointment Checks/Procedures
•
application forms for successful and unsuccessful candidates by individual scheme;
•
any test/exercise papers and results;
•
sift criteria and reports;
•
all interview records including
-
the Recommendations of the Panel indicating order of merit;
-
recruitment statistics, e.g. Equal Opportunities Monitoring of Local Recruitment forms (see Chapter
6).
A Retention of Documents Checklist is provided at Appendix 3 to assist in the monitoring process.
After the 12 month period, a brief summary of the competition, including the criteria used and statistics,
should be retained for a further 3 years.
4.20
Notwithstanding paragraph 4.19 above, papers concerning Fixed Term Appointments must be kept for the
duration of the appointment.
Personnel Management Manual - Volume 1
April 2003
Pre-Appointment Checks/Procedures – Appendix 4
FLEXIBLE STARTING PAY
with effect from 1 August 2001
Two years’ relevant experience: the probation point of the relevant pay band;
Up to four years’ relevant experience: the first full anchor point of the relevant pay band.
Where there is more than four years’ relevant experience or where the CCP considers that exceptional
circumstances apply, an application for additional flexibility on rates of starting pay on recruitment should be made
to the Head of HR Services.
March 2003
Personnel Management Manual - Volume 1
Monitoring Recruitment
CHAPTER 5
MONITORING RECRUITMENT
LIST OF CONTENTS
MONITORING
Equal Opportunities Monitoring
5.1
Ethnic Monitoring
5.2
Departmental and Civil Service Commissioners' Monitoring
5.5
Exceptions to Fair and Open Competition and Selection on Merit
5.7
COMPLAINTS PROCEDURES
5.9
Personnel Management Manual - Volume 1
November 2001
Monitoring Recruitment
CHAPTER 5
MONITORING RECRUITMENT
MONITORING
Equal Opportunities Monitoring
5.1
In every recruitment exercise, each stage of the recruitment process must be monitored to ensure that
discrimination does not occur. Gender, race, and disability statistics should be completed at the end of
each recruitment exercise (see Chapter 6 of this Volume) and forwarded for consideration to the Equal
Opportunities Officer (EOO) for the Area/Equal Opportunities Unit (EOU) for Headquarters. If the statistical
monitoring indicates that discrimination may be occurring, e.g. disproportionate numbers of ethnic minority
candidates being sifted out, the EOO/EOU for Headquarters will recommend actions to be taken to identify
the cause. Remedial steps should be taken to ensure that any potentially discriminatory practices are
eradicated.
Ethnic Monitoring
5.2
The Department's policy on ethnic monitoring is covered by a code of practice agreed with the Trade Union
Side and contained in Volume 5 of the Personnel Management Manual. Under the terms of this code of
practice information on ethnic origin provided by staff or applicants is to be used for statistical monitoring
purposes only.
5.3
In each recruitment exercise applicants should be sent a copy of the Equal Opportunities Questionnaire in
Chapter 6 for completion with their application form. On receipt, each application and form should be given
an identity number which should be used subsequently in monitoring, by ethnic origin, each stage of the
recruitment process. Completed forms, which are to be treated confidentially should then be separated
from applications and must under no circumstances be made available either to sift or selection panels.
5.4
The information obtained on ethnic origin should then be transferred to the appropriate Equal Opportunities
Monitoring of Local Recruitment form as part of the general monitoring procedure. Forms for unsuccessful
applicants should then be destroyed. Forms for successful applicants should be forwarded to the EOO at
the Service Centre/EOU at Headquarters for input to PIMMS once the individual has been appointed.
Departmental and Civil Service Commissioners' Monitoring
5.5
The Civil Service Commissioners are empowered to conduct independent audits of departmental
recruitment policies and practices and publish an account of their findings in their Annual Report.
5.6
Responsibility within the CPS for ensuring that recruitment is conducted in line with the Civil Service
Commissioners' Code rests with the Director of Public Prosecutions who has delegated this responsibility to
the Human Resources Director who will ensure that monitoring of Area recruitment schemes is regularly
carried out. EOOs will return annual statistics of recruitment exercises to the EOU as part of the
Programme for Action cycle.
Exceptions to Fair and Open Competition and Selection on Merit
5.7
5.8
As part of departmental practice, it has been agreed that only the following exceptions will be permitted
(and monitored):
•
extensions of casual appointments of less than 12 months up to 24 months - see Chapter 1;
•
reinstatement or re-employment of former civil servants - see Chapter 2;
•
appointments of disabled candidates under modified selection procedures -see Chapter 1.
Information on the first two bullet points of paragraph 5.7 above will be obtained direct from PIMMS.
Information on the third bullet point will be obtained from the monitoring forms mentioned in paragraph 5.1.
COMPLAINTS PROCEDURES
November 2001
Personnel Management Manual - Volume 1
Monitoring Recruitment
5.9
Complaints should be dealt with promptly by someone familiar with recruitment procedures but who has not
been involved in the particular campaign.
5.10
The Outline Terms of Employment (see Chapter 6) should advise applicants how to raise a complaint about
the recruitment process. Complaints should be lodged within 14 working days of the date of the letter sent
to the applicant.
5.11
If a complaint that is not upheld implies a breach of the Recruitment Code, there will be a further right to
complain to the Civil Service Commissioners. In such cases, the complainant should be informed that they
have this additional right at the time of informing them that their complaint against the Department's
decision has not been upheld.
5.12
A complaint to the Civil Service Commissioners should be lodged within six months of the date of the
original letter complained of and sent to:
Office of the Civil Service Commissioners
Horse Guards Road
LONDON SW1P 3AL
Personnel Management Manual - Volume 1
November 2001
Specimen Forms and Letters of Appointment
CHAPTER 6
SPECIMEN FORMS AND LETTERS OF APPOINTMENT
This Chapter contains all the following forms, information sheets and specimen letters that have
been referred to in detail in Chapters 1 - 5.
Application for Employment - for further information see:
1.27/2.7
Appointment as Crown Prosecutor
1.36/2.7
Applicant's Guidance Note: Recruitment
Character Enquiry Questionnaire
NIS Vetting Enquiry Form
Equal Opportunities in the Crown Prosecution Service & Questionnaire
1.27/1.36/2.7
1.54/2.7
1.60
1.68/2.7/5.3
Outline Terms of Employment
1.44/2.7/5.10
Assistance for Interview Form
1.71/3.15
Health Declaration: Recruitment
ch 2 App 1/4.6
Civil Services Pension - Health Declaration
ch 2 App 1/4.6
Reference Request Letters
3.9
Interview Panel Assessment Forms (Chair and Members)
3.17
Recommendations of the Panel Form
3.18
Letters of Appointment
Model Letter
Adaptation for Casual Appointment
Stakeholder Pension insert for Casual Appointees
Adaptation for Conditional Offer of Appointment
Adaptation for Part-Time Permanent Appointment1.6
Adaptation for Provisional Appointment
Adaptation for Fixed-Term Appointment
Confirmation of Offer: Provisional/Conditional Appointments
ch 1/ch 2 App 1/4.16
1.6
1.15/5.7
1.14
1.11
1.7
1.11/1.14
Reserve Letter ch 2 App 1/4.1
Legal Trainee (internal appointment)
Legal Trainee (external appointment)
Superannuation Questionnaire
see Model Letter
Nomination/Revocation of Death Benefit Form
see Model Letter
Basic Guide to the Official Secrets Act 1989
see Model Letter
Equal Opportunities Monitoring of Recruitment Forms:
Individual Exercise
Quarterly Review
Annual Review
Occupational Health Referral Form (BMI OHR 05/98)
BMI Form CAB MED 3(1/99)
ch 2 App 1/4.17/5.1
4.2
4.2
APPLICATION FOR EMPLOYMENT
Please complete in CAPITALS using black ink.
Post(s) applied for:
Ref.:
Personal Information
Address for Communications:
Surname
Forenames
Title (Dr, Mr, Mrs,
Miss, Ms etc)
Any previous names
Date of Birth
Age
Place of Birth
Nationality at Birth
Postcode:
Present Nationality
Have you ever had any other nationality or citizenship?
Yes
Telephone number (Home):
No
Daytime/Work
If yes, please give details with dates:
Permanent address (if different from above):
Postcode:
Telephone number for address above:
Are you subject to immigration control?
Yes
No
Do you have the right to reside indefinitely in the UK?
Yes
No
Secondary Education
From
obtained)
To
Establishment
Qualifications gained (subjects and grade
Further Education
From
obtained)
To
Establishment
Qualifications gained (subjects and grade
Previous work experience
Please give details of all posts held. Vacation work and periods of casual employment should be included.
Name and Address of Present Employer:
Duties:
From:
To:
Reason for leaving:
Previous employers (in order, starting with the most recent)
Name and Address:
Duties:
From:
To:
Reason for leaving:
Name and Address:
Duties:
From:
To:
Reason for leaving:
Name and Address:
From:
To:
Reason for leaving:
Duties:
Please continue on a separate sheet if necessary.
Time unaccounted for
Please give details of any time not already accounted for elsewhere in this form (e.g. unemployment, travel etc)
Further information
The advertisement / person specification describes the competencies that we are looking for in a successful applicant.
Please illustrate, with specific examples, how you have demonstrated each of these competencies. You must ensure
you address each of the competencies required. The information in this section will be the basis on which
applications are shortlisted.
1 WORKING WITH OTHERS
The ability to share perceptions and values with others to build effective working relationships. The ability to deal with
others professionally.
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2 ACHIEVING RESULTS
To be clear about your own objectives and focus on achieving them.
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3
PLANNING AND ORGANISING
The ability to think ahead when prioritising work and manage time effectively to meet deadlines.
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4
COMMUNICATION
To be able to communicate confidently and effectively, both orally and in writing. The ability to use IT to communicate
where appropriate.
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5
REASONING AND DECISION MAKING
The ability to consider all aspects of a situation, weighing up different options to arrive at the best solution.
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Please continue on separate sheet if necessary.
Computer Based Skills
Please list Word-processing/Database/Spreadsheet systems of which you have practical experience. Please tick your
level of proficiency.
Basic
Fluent
Please give an example of work you have undertaken using a Word-processing/Database/Spreadsheet system
Interests
(Describe briefly your interests)
Other Applications
Please give details (including dates and outcome) of any
applications which you have made to the CPS or other
Government departments.
Advertising and Publicity
To assist us in assessing the cost-effectiveness of our
advertising, please tell us through which publication or
other source you found out about these opportunities.
REFEREES
Please give the names and addresses for two referees.
1. Current/Past Employer
Name
Position
Address
2. Personal reference
Name
Position/Profession
Address
INTERVIEW ARRANGEMENTS
Our covering letter states when the interviews are likely to be held. Please tell us of any dates when you would not be
available.
You must sign and date this form.
If you give any information which you know is false, or you withhold any relevant information, this may lead to your
application being rejected or, if you have already been appointed, to your dismissal.
I declare that the information I have given is, to the best of my knowledge and belief, true and complete.
Signature……………………………………………………….
Date…………………………………………………….
The Crown Prosecution Service is an equal opportunities employer and positively encourages applications
from suitably qualified/eligible people regardless of sex, race or disability.
Please return this form to:
Crown Prosecution Service
*
*
*
*
Specimen Forms & Letters of Appointment
CROWN PROSECUTION SERVICE
APPLICANT’S GUIDANCE NOTE
1.
2.
The purpose of this note is to assist you in completing the application form.
The information pack will provide all the necessary detail for you to decide whether to
apply.
COMPLETING THE APPLICATION FORM
3.
You will be asked to provide the following information on the application form:
•
post applied for
•
personal details
•
educational background
•
work experience
•
evidence of required skills and qualities
Key points to consider when completing the form are:
•
•
•
•
•
•
it must be completed in black ink or be typed so that it can be photocopied
it must be legible
for each required skill/quality you must give a relevant example which
demonstrates your ability
do not enclose a CV in addition to or instead of the application form
try not to exceed the space allowed
keep a copy of what you have written to remind yourself in the event of an
interview
PROVIDING ADVICE
PPPROVIDING EVIDENCE
4.
Evidence is required for each essential requirement of the post. The advertisement and
person specification will specify the necessary requirements and the context in which they
will be demonstrated. This evidence will be used throughout the recruitment process, so
you should use the strongest and most appropriate example of when you have
demonstrated the required skill. The recruitment process will sift out applications
where the evidence does not fully match the requirements of the post.
5.
You need only provide one example per requirement. You should also use a different
example for each requirement, if possible. For each example you should say exactly
what you did and what the outcome was. Do not be too modest about your
achievements, but be realistic. If you are invited for interview, you may be asked to
describe them in more detail.
6.
It is up to you to decide what example to use, but it is best if you can concentrate on recent
examples (probably from the last two years). Your examples need not be work related.
RETURNING THE APPLICATION FORM
7.
Your completed application form, together with the Ethnic Origin Monitoring form and
Character Enquiry Questionnaire, should be returned by the closing date to the address
specified on the application form.
Specimen Forms and Letters of Appointment
Equal Opportunities in the
Crown Prosecution Service
The Crown Prosecution Service values everybody’s contribution and believes that the CPS’
success and its future depend on the quality of service that we provide and on gaining the trust
of the community we serve. If everyone is to feel valued and we are to help individuals give their
best, our goal must be to create and sustain a working environment that is fair to all and free
from discrimination, harassment, victimisation and bullying. Through commitment, action and
review, we want to ensure that individuals have the opportunity to benefit from employment,
training and development appropriate to their abilities and regardless of their gender, race,
colour, nationality, ethnic or national origins, disability, religion, age, marital status, working
pattern, sexual orientation or gender reassignment.
How you can help us
The CPS aims to have a workforce which represents the community it serves. To assist us in
achieving this aim, you are invited to complete the enclosed questionnaire. The information you
provide will be treated as confidential and will not form part of the application process. It will be
used for statistical purposes only and the questionnaire will be destroyed once the recruitment
campaign has been completed.
Specimen Forms and Letters of Appointment
CROWN PROSECUTION SERVICE
OUTLINE TERMS OF EMPLOYMENT
ELIGIBILITY
Nationality
To be appointed to the Crown Prosecution Service you must be a Commonwealth citizen or a
British protected person. Applications can also be accepted from nationals of the European
Economic Area and certain non-EEA members of their families.
You should have the right to reside indefinitely in the UK.
You should also be aware that a few posts within the Crown Prosecution Service are designated
‘public service’ posts for which different criteria are used.
PROBATION
If you are offered a permanent or fixed-term appointment, you will be placed on probation for a
period of [6 months][one year][unless the FTA is for less than one year].
JURY SERVICE
Employees of the Crown Prosecution Service are ineligible for Jury Service.
HOLIDAYS
You will receive 22 days paid leave during your first year, rising to 25 days thereafter. In addition
you will receive public holidays and privilege days which currently total ten and a half days.
PAY
[Enter the starting salary payable to the relevant level, including any Recruitment and Retention
Allowance that may be applicable.]
WORKING HOURS
A five-day week of 41 hours in London and 42 hours elsewhere, inclusive of lunch breaks. [Change
as appropriate for part-time posts.] A Flexible Working Hours scheme is also available.
MOBILITY
Mobility, which involves being liable to transfer anywhere within the UK, is a condition of
appointment at Level B and above.
RETIREMENT AND PENSION
Crown Prosecution Service posts are permanent and pensionable unless otherwise stated. The
normal retirement age is 60.
EQUAL OPPORTUNITIES
The Crown Prosecution Service has a policy of equal opportunities in which employment and
promotion are based on ability, qualification, and fitness for the work. There must be no unfair
discrimination on the grounds of sex, race, colour, nationality, ethnic or national origins, disability,
religion, age, marital status, working pattern, sexual orientation or gender reassignment.
EQUAL OPPORTUNITIES INITIATIVES
•
Programmes for Action on Women, Race, and Disability have been introduced to ensure
that all staff enjoy equality of opportunity in the Crown Prosecution Service. These
Specimen Forms & Letters of Appointment
•
•
•
Programmes provide practical guidance on employing, training, developing and promoting
staff fairly and enabling staff to participate fully in the work of the Department.
The CPS has a childcare scheme, which aims to solve a range of problems experienced by
working parents and assist with the childcare expenses of those who meet the eligibility
criteria. This is done through a network of Childcare Co-ordinators who offer advice and
assistance on a wide range of childcare matters. Help is also made available for additional
childcare costs when staff are on training courses.
In addition to flexible working hours, part-time working and job sharing arrangements,
career breaks and a ‘keeping in touch’ scheme have been introduced to help staff combine
their career and domestic responsibilities.
Procedures are in place to deal with complaints of discrimination, harassment, bullying and
victimisation.
The Departmental Equal Opportunities Officer/Disabled Persons Officer is responsible
for managing and developing the equal opportunities policy and for giving advice on how to
keep to the policy.
The CPS Equal Opportunities Policy is monitored and reviewed on a regular basis to
make sure that it is as effective as possible.
COMPLAINTS
If you have a complaint about any aspect of the recruitment process, you should write, within 14
working days of the date of the letter sent to you by the Crown Prosecution Service, to [Area
Business Manager] at [address].
Specimen Forms & letters of Appointment
HD 4/00n
CIVIL SERVICE PENSIONS
HEALTH DECLARATION
Civil Service pension arrangements provide generous benefits should a member’s health break down to the
extent that he/she is permanently incapable of continuing at work. In order to satisfy the health standards and
gain full membership of the pension scheme you join, you must provide full details of your current and past
health. The scheme may then take medical and, if necessary, actuarial advice to determine whether you can be
accepted for ill health benefits in addition to normal retirement pension and death-in-service benefits.
Please complete the form and return it as directed. The completed form will be inspected only if you are
recommended for pensionable appointment. The health of each applicant is considered individually, and no
decision to offer less than full benefits on health grounds will be made without professional medical advice.
However, if you do not complete and return the form you will automatically be excluded from the ill-health benefit
provisions.
It is in your own interests to complete the form as fully as possible. If you give any information which you know
is false — or if you withhold any information — you may lose your rights to certain pension benefits.
Personal details
Your title
Other names
Date of birth
Address
Mr/Mrs/Miss/Ms
Surname
Postcode:
Telephone no:
To be completed by recruiting organisation
Job title of post applied for:
(Job description to be attached to this form)
Name of Dept/Agency/NDPB
‡
Department Code
Location Code
If codes are not known they may be obtained from BMI
‡
‡
Personnel Management Manual – Volume 1
February 2003
Specimen Forms & letters of Appointment
Contact Name
Contact Address
Postcode:
Telephone no:
Section 1 – General Medical History
1.
Are you currently in poor health? (if yes, give details)
Yes ❏
No ❏
2.
Have you ever been retired on grounds of ill-health (medically retired) from
any employment? (if yes, give details, including dates)
Yes ❏
No ❏
3.
Have you ever been refused life insurance or offered cover on special
terms because of your health? (if yes, give details, including dates)
Yes ❏
No ❏
4.
Have you ever left, or been denied, employment because of your health? (if
yes, give details, including dates)
Yes ❏
No ❏
5.
Have you ever left, or been denied, employment in the Civil Service on
grounds of ill health or of unsatisfactory attendance? (if yes, give details,
including dates)
Yes ❏
No ❏
Yes ❏
No ❏
Section 2 - Specific Medical History
sssSectiosn 2 – Specific Medical History
6.
Are you under medical treatment or observation (including counselling)? (if
yes, give details)
Personnel Management Manual – Volume 1
February 2003
Specimen Forms & letters of Appointment
7.
Are you currently taking any medicines, pills (other than contraceptive pills),
tablets, inhalers or injections? (If yes, give details)
Yes ❏
No ❏
8.
Have you ever had problems with your heart or circulatory system? (eg
Heart attack, angina, stroke, thrombosis or high blood pressure) (if yes,
give details, including dates)
Yes ❏
No ❏
9.
Have you ever had problems with your bones, joints or muscles? (eg
arthritis, rheumatism, slipped disc, tenosynovitis, fibromyalgia, ME, etc) (if
yes, give details, including dates)
Yes ❏
No ❏
10. Have you ever had mental ill health (eg nervous breakdown, anxiety,
depression, schizophrenia, eating disorder) or alcohol or drug problem? (if
yes, give details, including dates)
Yes ❏
No ❏
11. Have you ever had any neurological disorder? (eg paralysis, multiple
sclerosis, muscular distrophy, etc) (if yes, give details, including dates)
Yes ❏
No ❏
12. Have you ever had any respiratory or lung disorder? (eg asthma,
bronchitis, cystic fibrosis etc) (if yes, give details, including dates)
Yes ❏
No ❏
13. Have you ever had any stomach or bowel disorder? (eg peptic ulcer,
irritable bowel, colitis etc) (if yes, give details, including dates)
Yes ❏
No ❏
14. Have you ever had kidney, bladder or reproductive disorder? (eg renal
failure, polyps etc) (if yes, give details, including dates)
Yes ❏
No ❏
Personnel Management Manual – Volume 1
February 2003
Specimen Forms & letters of Appointment
15. Have you ever had any endocrine, gland or hormone problems? (eg
thyroid, diabetes, etc) (if yes, give details, including dates)
Yes ❏
No ❏
16. Have you ever had any chronic infection? (eg hepatitis, jaundice, HIV,
tuberculosis, etc) (if yes, give details, including dates)
Yes ❏
No ❏
17. Have you ever had any form of cancer, tumour or malignancy? (if yes, give
details, including dates)
Yes ❏
No ❏
18. Have you ever had treatment in hospital, any operation or serious accident?
(appendicectomy, tonsillectomy, squint surgery, caesarean section,
vasectomy or the removal of wisdom teeth need not be declared) (if yes,
give details including dates)
Yes ❏
No ❏
19. Have you ever had any other significant illness? (Colds, coughs etc and
normal childhood illnesses need not be disclosed unless they have led to
complications) (if yes, give details, including dates)
Yes ❏
No ❏
Yes ❏
No ❏
Consent to release personal medical information
May our medical adviser approach your GP and, if necessary, your hospital
specialist for medical information for the purposes of assessing your eligibility for
entry to the full benefits of the Civil Service Pension Scheme?
†
Under the terms of the Access to Medical Reports Act 1988 , do you
wish to see a report about your health before it is supplied by your GP or
specialist, or may this be forwarded directly to the Civil Service Pensions
medical adviser?
See before supply
❏
Forward to CSP
medical adviser
❏
† - please read carefully the terms of the Access to Medical Reports Act 1988 below
Please give details of your family doctor:
Name
Address
Personnel Management Manual – Volume 1
Please give details of your specialist:
Name
Address
February 2003
Specimen Forms & letters of Appointment
Postcode
Telephon
e
Postcode
Telephone
Declaration
I declare that the information I have given on this form is, to the best of my knowledge and belief, true and
complete.
I understand that I may be required to attend a medical examination
I understand that all medical information will be held in medical confidence and that advice given to
pension scheme administrators about my health will be in general terms only.
Signed
Name
Date
Completed forms should be forwarded by Civil Service pension scheme employers to:
BMI Health Services, Unit 1 Greyfriars, 10 Queen Victoria Road, COVENTRY CV1 3PJ
Access to Medical Reports Act 1988
You may withhold your consent for the medical adviser to the CS pension scheme to apply to your
doctor/hospital specialist for medical information. If you give your consent, you may see any report
compiled by your doctor/specialist before it is supplied to us.
You have calendar 21 days from the date of the letter notifying you that a report has been requested in
which to ask your doctor/specialist for access to the report. If you do request access, your
doctor/specialist will advise you whether, for professional medical reasons, any part of the report is being
withheld and will not send the report to our medical adviser until you give your consent.
If you regard any part of the report incorrect or misleading, you can ask for it to be amended. Your
doctor/specialist is not obliged to change the report, but where they choose not to make any amendment,
they will invite you to prepare a written statement on the disputed information for attachment to the report.
Subject to the provisions of the Act, you have the right to see the report for up to 6 months after it is sent
to our medical adviser.
If your doctor/specialist gives you a copy of the report at your request, they may level a reasonable fee to
cover any costs incurred.
February 2003
Personnel Management Manual – Volume 1
Specimen Forms & letters of Appointment
REQUEST FOR ACADEMIC REFERENCE
Name
Address
Fax
Tel
Ref.A
date
IN CONFIDENCE
Dear
RE:
Would you kindly provide a reference for the above named person who has given your name as an academic
referee.
I have enclosed details of the post for which the candidate has applied. I am also enclosing a pre-paid
envelope for your use.
May I thank you in advance for your help.
Yours sincerely
Personnel Officer
February 2003
Personnel Management Manual – Volume 1
Specimen Forms & letters of Appointment
Reference from School/College/University
Please complete this form in BLACK INK or TYPESCRIPT as it may be photocopied.
IN CONFIDENCE
Full name ..................................................…Date of birth........................
Student at .....................................................from ......................……….. to.....................……………..
Candidate for the post of ................................……….. (see enclosure)
What subjects has the candidate studied?
If the final examination has not yet been
taken, please give the date of the
examination and your forecast of the
result including class/division where
appropriate.
If the final examination has already
been taken, please give the date and
result, including class/division where
appropriate.
Please give your impression of the candidate's ability, character and personality. An assessment related to
this post with an indication of the proportion of the course which has been in relevant subjects would be
particularly helpful. Please also say what you consider to be the candidate's main strengths and
weaknesses within the academic field, and mention any prominent part played in non-academic activities.
Signature ....................................................
Status .........................................................
Date ...........................................................
February 2003
Personnel Management Manual – Volume 1
Specimen Forms & letters of Appointment
REQUEST FOR A PROFESSIONAL REFERENCE
Date
Name
Address
Fax
Tel
Ref
IN CONFIDENCE
Dear
RE:
Would you kindly provide a reference for the above named person who has given your name as a
professional referee.
I should be grateful if you would complete the attached questionnaire. A copy of the person specification for
the post is enclosed. We shall, of course, treat your reference in strict confidence. I also enclose a pre-paid
envelope for your use.
May I thank you in advance for your help.
Yours sincerely
Personnel Officer
February 2003
Personnel Management Manual – Volume 1
Specimen Forms & letters of Appointment
REQUEST FOR A PERSONAL REFERENCE
Date
Name
Address
Fax
Tel
Ref
IN CONFIDENCE
Dear
RE:
Would you kindly provide a reference for the above named person who has given your name as a personal
referee.
I have enclosed details of the post for which the candidate has applied. I also enclose a pre-paid envelope
for your use.
May I thank you in advance for your help.
Yours sincerely
Personnel Officer
February 2003
Personnel Management Manual – Volume 1
Specimen Forms & letters of Appointment
This form may be photocopied. Please complete in BLACK INK or TYPESCRIPT
IN CONFIDENCE
Full name ................................................................
Candidate for the post of ................................................
Please say how long you have known the candidate and give below your impression of the candidate's
ability and personality. An assessment related to the particular post would be helpful. Please mention any
special qualifications or experience and any other matters which have a bearing on the candidate's
suitability.
Signature..............................................................
Date ..................................................................
February 2003
Personnel Management Manual – Volume 1
Specimen Forms & letters of Appointment
ASSESSMENT FORM: LEVEL ......
C
Post: ..............................
Candidate: ..........................
Key Competencies
Evidence
well above
requirement
s
Evidence
above
requiremen
ts
Satisfactory
evidence
(Please tick appropriate boxes)
Insufficient No
evidence
evidence
Comments:
February 2003
Personnel Management Manual – Volume 1
Specimen Forms & letters of Appointment
Panel members
Provisional
Marks
Chair: ................
Member: ...............
Member: ..................
Agreed Mark:
Signature: ........................... Name: ............................ Date: .............
MARK SCALE
A
B
C
D
E
An outstanding candidate
A very good candidate
A good candidate
Some weaknesses, leaving the candidate below the standard required
Candidate does not meet requirements
ASSESSMENT FORM: LEVEL ......
M
Post: ........................
Candidate: ...................
Key Competencies
Evidence
well above
requirement
Personnel Management Manual – Volume 1
Evidence
above
requiremen
(Please tick appropriate boxes)
Satisfactory Insufficient No
evidence
evidence
evidence
February 2003
Specimen Forms & letters of Appointment
s
ts
Comments:
Personnel Management Manual – Volume 1
February 2003
Specimen Forms & letters of Appointment
Provisional Mark:
Agreed Mark:
Signature: ........................... Name: ............................ Date: .............
MARK SCALE
A
B
C
D
E
An outstanding candidate
A very good candidate
A good candidate
Some weaknesses, leaving the candidate below the standard required
Candidate does not meet requirements
Personnel Management Manual – Volume 1
February 2003
Specimen Forms & letters of Appointment
RECOMMENDATIONS OF THE PANEL FORM
Please give the Panel’s final recommendations on this form. Any special recommendations should be
mentioned. Any special circumstances should be reported separately.
Please hand the report, together with the accompanying papers, to the Recruitment Administrator before you
leave on the final day of the Panel.
Date(s) of Interview(s)………………………………………
Title of Post(s) to be filled………………………………….
Location of interview……………………………………….
The Panel consisted of:
Chair:
Panel Member(s):
The Panel interviewed ……. candidate(s) and recommended the following for appointment.
The names are in order of merit and include the Panel’s overall assessment mark.
NAME
MARK
The following candidates are unsuccessful:
NAME
MARK
The following candidates did not attend:
Signature .…………………………………..(Chair)
Date ………………………….
Personnel Management Manual – Volume 1
February 2003
Specimen Forms & Letters of Appointment
MODEL LETTER
Dear (name)
1.
I am pleased to offer you a permanent appointment as a Level x Pay Band xx in the Crown
Prosecution Service with effect from (date). Your initial appointment is to CPS (Area), based
at (office address).
2.
The following paragraphs summarise or refer to your main conditions of service as they
apply at present. You should understand, however, that because of the constitutional
position of the Crown, its employees hold their appointments at the pleasure of the
Crown.
3.
Details of your conditions of service can be found in the Personnel Management Manual
(PMM) which is subject to amendment from time to time by departmental notices. Details
regarding variations to the arrangements for pay and related conditions of service will also be
notified through departmental notices.
4.
(New entrants) No employment with a previous employer will count with this new
employment as a continuous period of employment for the purpose of employment
protection legislation.
or
(Transfers from another Department) Your employment with (previous Department/Agency) will
count as part of your continuous period of employment which therefore began on (date) for the
purpose of employment protection legislation.
or
(Existing staff successful in an open recruitment campaign/casuals with previous linked
service) Your previous period of employment with the Crown Prosecution Service will count
as part of your continuous period of employment which therefore began on (date) for the
purpose of employment protection legislation.
5.
(If the appointment is to Levels A or B1, B2 or B3)
It is a condition of your employment that you serve a probationary period of six months.
(If the appointment is to Levels C, D or E, or Level B Legal Trainees/Fast Stream)
It is a condition of your employment that you serve a probationary period of one year.
The remainder of the paragraph applies to all probationary staff:
Your appointment will be confirmed at the conclusion of this period, provided that you have
shown that you can meet the required standard and your attendance record and conduct
have been satisfactory. Under certain circumstances your probationary period may be
extended but if at the end of the period you do not reach the required standard your
appointment will normally be terminated. Your employment may be terminated during the
probationary period in the case of misconduct or if your service is unsatisfactory and it is
clear you will be unable to reach the required standard before the end of the probationary
period.
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July 2003
Specimen Forms & Letters of Appointment
or
(if the applicant has already completed probation)
Although you will not be required to complete a further period of probation, I take this
opportunity to remind you that you must maintain an acceptable standard of attendance,
conduct and performance.
6.
PAY
You will be paid monthly in arrears by credit transfer to your bank account. Your starting
salary will be £(salary)pa.
The salary range for your pay band is:- pay band minimum £xx,xxx, pay band maximum
£xx,xxx.
and (where applicable) In addition, this post attracts a Recruitment and Retention Allowance
of £xxxx pa. This allowance is a non-consolidated salary payment, which, though
pensionable, may be changed, ie increased, reduced or withdrawn at any time.
Progression beyond the pay band minimum will depend on the overall performance mark on
your performance appraisal report. Full details of the performance related pay scheme can
be obtained from (Area Business Manager/HR Services at HQ).
7.
HOURS
You will normally work a five day week of xx hours, including meal breaks.
8.
OVERTIME
If overtime is necessary, staff will be invited to volunteer. If there are insufficient volunteers,
you may be required to work overtime. If so, we will try to give you at least 48 hours' notice.
9.
LEAVE
(for full-time staff working 5 days a week)
In addition to public holidays and privilege days which currently total ten and a half days,
your annual leave allowance will be 22 days rising to 25 days with pay after one year's
service. Your annual leave year will commence at the beginning of the month in which your
birthday falls. You will be notified shortly of the details of your annual leave allowance
between the date you joined the Crown Prosecution Service and the commencement of your
personal annual leave year.
If you are required to be on duty on a public holiday, you may be given time off in lieu plus a
payment in compensation. If you are required to work on a privilege day, you may be
allowed an alternative day in lieu. Information about overtime rates where applicable for
public holiday working can be obtained from (Area Business Manager/HR Services at HQ).
10.
MOBILITY
Mobility, ie liability to transfer anywhere in England and Wales, is a condition of Crown
Prosecution Service appointments at Level B and above.
add (For mobile levels only) You should note that you are in a mobile level.
11.
SICK ABSENCE
Absence on account of sickness (or contact with a notifiable infectious disease) must be
notified to your line manager promptly. The conditions governing paid sick absence are set
out in Volume 4 Chapter 3 of the PMM and your attention is particularly drawn to the
following:Evidence of incapacity and cause must be provided throughout any period of sick absence
to qualify for sick pay, which may be refused if this evidence is not provided.
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July 2003
Specimen Forms & Letters of Appointment
The Department requires medical evidence of incapacity and cause, certified by a qualified
practitioner, for sick absence exceeding seven calendar days. Periods of one to seven
calendar days' sick absence may be self-certified.
Sick absence on full pay, less any social security benefit received, may be allowed for up to
six months in any period of twelve months, thereafter on half pay, subject to a maximum of
twelve months' paid sick absence in any period of four years or less. Any Statutory Sick Pay
(SSP) due will be paid within the maximum full pay for the relevant period in each tax year,
but if your attendance is unsatisfactory because of frequent or continuous sick absence, your
suitability for continued employment may have to be reviewed.
12.
MATERNITY LEAVE
You are entitled to 26 weeks' paid ordinary maternity leave on each relevant occasion
provided that, when your maternity leave begins, you intend to return to work, are in paid
service and have worked for a qualifying period of 26 weeks’ with the Civil Service. Detailed
provisions relating to maternity leave are set out in Volume 4 Chapter 5 of the PMM.
If you have been employed continuously for at least 26 weeks you may be entitled to 26
weeks' Statutory Maternity Pay.
Or
PATERNITY LEAVE
You may be entitled to 10 days' paid paternity leave on each relevant occasion. Detailed
provisions relating to paternity leave are set out in Volume 4 Chapter 5.
13.
ADOPTION LEAVE
You are entitled to 26 weeks’ paid ordinary adoption leave on each relevant occasion
provided that, when your adoption leave begins, you intend to return to work, are in paid
service and have worked for a qualifying period of 26 weeks with the Civil Service. Detailed
provisions relating to adoption leave are set out in Volume 4 Chapter 5 of the PMM.
If you have been employed continuously for at least 26 weeks you may be entitled to 26
weeks’ Statutory Adoption Pay.
14.
AGE OF RETIREMENT
The minimum pensionable age for staff in the Crown Prosecution Service is 60 and this is to
be regarded as the normal retirement age. At that age you may retire or be retired with, if
applicable, immediate payment of superannuation benefits. Staff below the SCS/CCP cadre
may be retained beyond 60 to age 65.
Or
(for staff employed at or after the age of 60)
The minimum pensionable age for staff in the Crown Prosecution Service is 60 and this is to
be regarded as the normal retirement age. Staff below the SCS/CCP cadre may be retained
beyond age 60 to age 65.
15.
PENSION ARRANGEMENTS
Your appointment is pensionable from the outset. You will be able to choose between
two pension arrangements:
•
Membership of premium, a final salary occupational pension scheme with a 3.5%
member contribution rate;
•
Having a partnership pension account, a stakeholder pension with an employer
contribution based on your age. You do not have to contribute, but if you do, your
employer will also match your contributions up to 3% of pensionable pay.
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July 2003
Specimen Forms & Letters of Appointment
You will find full information on these arrangements in our Starter Pack, which you will
receive within one month. If you do not receive your Pack within this time, please
contact the Superannuation Unit, HR Directorate, CPS Headquarters, 50 Ludgate Hill,
London EC4M 7EX.
You do not have to join the Civil Service Pension arrangements; you may opt out and be
covered instead by a personal pension or the State Second Pension Scheme (S2P).
You will be automatically entered into the premium scheme on appointment unless you
return your Choice form at or before your start date.
You have 3 months from your start date to make your choice and this will be backdated to
your start date. If you do not register a choice within 3 months, you will remain as a
member of premium, unless you subsequently opt out. You should return your Choice
form and the partnership pension application form, where applicable, to Superannuation
Unit.
th
Our pensions administrators are Paymaster (1836) Ltd, 5 Floor, Network House, Basing
View, Basingstoke RG21 4HG, tel: 01256 365823, fax: 01256 325732, e-mail:
cps@paymaster.co.uk. Please contact them if you have any questions about the
pensions arrangements.
Members of the Civil Service Pension arrangements, or those who are ineligible for
membership, may also contribute to a Stakeholder pension with Standard Life, subject to
eligibility. Contributions may be made through payroll. This arrangement is not available to
staff who opt out of the Civil Service Pension arrangements. Please contact the
Superannuation Unit for further details or ring Standard Life on 0800 333304.
16.
CONTACT WITH THE POLICE AND OTHER PROSECUTION AGENCIES
Any contact with the police which results, or could result, in your being charged or
summonsed must be reported via line management to (Area Business Manager/HR
Services). Actions which result in a police caution must also be reported, as must police
action involving close family or anyone living as a member of your household. Similarly, you
must report any investigation into your affairs (or the affairs of close family or anyone living
as part of your household) by other prosecution agencies.
17.
CONDUCT AND DISCIPLINE
The rules on conduct and the disciplinary procedures which apply to your employment are
set out in Volume 2 Chapters 1 and 3 of the PMM.
It is a condition of your employment that you meet, and continue to meet throughout the term
of your employment, the security clearance standard required for members of the Crown
Prosecution Service, or any other criminal justice agency with whom you are required to
work, as applicable at the time. The requirements for security clearance are set out in
Volume 1 Chapter 1.
18.
TRADE UNIONS
The Civil Service attaches importance to ensuring effective consultation and involvement of
staff. It is, of course, a personal decision whether or not to join a trade union. But the Civil
Service encourages staff to join an appropriate trade union and to play an active part within
it, making sure that their views are represented. The trade unions recognised by the Crown
Prosecution Service are the First Division Association (FDA) and the Public and Commercial
Services Union (PCS).
19.
NOTICE
If you decide to leave the Service you are expected to give not less than one calendar
month's notice.
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Specimen Forms & Letters of Appointment
Due to the constitutional position of the Crown, the Crown's employees cannot demand a
period of notice as of right when their appointments are terminated.
However, unless you are dismissed on disciplinary grounds, and providing you have served
continuously for four weeks or more, the following minimum periods of notice will normally
apply:
i. Less than four years' continuous service: five weeks;
ii. Four years' or more continuous service: not less than one week for each year of
continuous service plus one week, to a maximum of 13 weeks.
If, for any reason other than disciplinary dismissal the minimum period of notice cannot be
given, you will receive salary (calculated by reference to the gross rate of pay effective on
the last day of actual service) in lieu of notice.
If you are retired prematurely, you may be eligible for a longer period of notice, details of
which may be found in Volume 3 Chapter 4 of the PMM.
20.
USE OF OFFICIAL INFORMATION
As a civil servant you owe a duty of confidentiality to the Crown. This requires you to
exercise care in the use of information which you acquire in the course of your official duties
and to protect information which is held in confidence. The rules governing confidentiality
and the use of official information are set out in Volume 2 Chapter 1 of the PMM. Any
breach of these provisions may result in disciplinary action and, in certain circumstances,
civil or criminal proceedings.
All civil servants are subject to the Official Secrets Act 1989. An explanatory leaflet
summarising the provisions of the Act as they affect civil servants is enclosed.
21.
JURY SERVICE
In accordance with Schedule 1 of the Juries Act 1974, staff employed in the Crown
Prosecution Service are ineligible for jury service. Ineligibility lasts for ten years after
termination of service in the Department. It is a criminal offence for a person to serve on a
jury knowing that they are ineligible to do so.
22.
GRIEVANCES
If you have any grievance relating to your employment, your line manager is the person to
approach. The initial approach should be made informally; after that you may submit a
written statement of your grievance. You are free to consult your trade union who may act
on your behalf. Details of the steps to be taken, should you consider that the cause for
complaint has not been dealt with satisfactorily, in spite of the approaches to the above
officers, are given in Volume 2 Chapter 5 of the PMM.
23.
ACCEPTANCE OF OUTSIDE APPOINTMENTS
Civil Servants are required to obtain the agreement of the Government before accepting any
offer of employment outside the Civil Service which would start within 2 years of leaving
Crown employment. This applies if:
You are in the Senior Civil Service in salary band 4 or above and in a post attracting a
minimum JESP score of 13; or you have had any official dealings with your prospective
employer during the last two years of Crown employment; or you have had official dealings
of a continued or repeated nature with your prospective employer at any time during your
period of Crown employment; or you have had access to commercially sensitive information
of competitors of your prospective employer in the course of your official duties; or your
official duties during the last two years of Crown employment have involved advice or
decisions benefiting your prospective employer, for which the offer of employment could be
July 2003
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Specimen Forms & Letters of Appointment
interpreted as reward, or have involved developing policy, knowledge of which might be of
benefit to the prospective employer; or you are to be employed on a consultancy basis and
you have had any dealings of a commercial nature with outside bodies or organisations in
your last two years of Crown employment.
The rules on the acceptance of outside appointments are set out in Volume 3 Chapter 1 of
the PMM.
24.
SMOKING POLICY
The Crown Prosecution Service operates a policy which prohibits smoking in all areas other
than those designated as smoking rooms. Your line manager can provide further details.
25.
DATA PROTECTION ACT 1998
During the course of your employment the Crown Prosecution Service may request
information defined by the Data Protection Act 1998 as personal information. This
information is required for the purpose of managing your employment and to provide
statistical information to managers and Central Government.
This information will be held in a personal file, computer database or other electronic media
and is held in accordance with the provisions of the Data Protection Act 1998 and the CPS
Equal Opportunities Code of Practice. The information will only be disclosed to other
organisations who require the information by law, or who manage aspects of your
employment as contractual agents of the CPS. No personal information will be disclosed to
any unauthorised person or organisation without your express permission.
26.
ACCEPTANCE
If you are willing to accept employment on the basis of the terms contained or referred to in
this letter, please sign one copy and return it to me as quickly as possible and in any case
within four weeks. You should retain the other copy for your own information.
Yours sincerely
I accept the employment offered to me on the terms contained or referred to in this letter.
SIGNATURE.........................................
NAME .............................................…..
DATE .............................................…..
July 2003
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Specimen Forms & Letters of Appointment
MODEL LETTER OR: ADAPTATION OF MODEL LETTER FOR: CASUAL APPOINTMENT
[Paragraph 1 - replace with]
I am pleased to offer you a short-term appointment, on a strictly casual basis, as a Level x
Pay Band xx in the Crown Prosecution Service with effect from, (start date). Your initial
appointment is to CPS (Area), based at (office address). Your appointment as a casual
member of staff will last only for as long as you are required for these duties and will not
exceed twelve months.
[Paragraph 4 - use 1st paragraph, or 3rd option for re-employed casuals with linked service]
[Paragraph 5: Probation - delete]
[Paragraph 6: Pay - replace with]
You will be paid monthly in arrears by credit transfer to your bank account. Your starting
salary will be £(salary) pa.
and
[where applicable]
In addition, this post attracts a Recruitment and Retention Allowance of £(xxxx) pa. This
allowance is a non-consolidated salary payment which may be changed, ie increased,
reduced or withdrawn at any time.
[Paragraph 9: Leave - replace with]
You may be allowed paid annual leave after four weeks' effective service. The annual leave
allowance for your level is (xx) days per annum. You will receive a proportion of this
allowance depending on the length of your appointment. Further details can be obtained
from (Area Business Manager/HR Services at HQ).
[Paragraph 10: Mobility - delete]
[Paragraph 11: Sick Absence - replace last paragraph with]
You may be allowed sick absence on full pay, less any social security benefit due, up to a
maximum of one week for every completed four weeks of effective service. Any Statutory
Sick Pay (SSP) which may be due during the appointment will be paid as long as the
qualifying conditions are met and the appointment is to last for more than three months.
[Paragraphs 12 and 13: Maternity/Paternity Leave/Adoption Leave - delete]
[Paragraph 15: Pension Arrangements - replace with]
You may elect to join the Civil Service partnership pension account. This is a stakeholder
based money purchase pension arrangement. You do not have to join. If you do, your
employer will pay an age-related contribution into your pension account with the stakeholder
pension provider you select from the panel appointed by the Civil Service. You do not have
to make an employee contribution but if you choose to make regular contributions from your
salary, your employer will make matching additional contributions of up to 3% of your pay.
Further information about the partnership pension account is provided in the Starter Pack
which will be sent to you within one month. If you do not receive your Pack within this time,
you should contact the Superannuation Unit, HR Directorate, CPS Headquarters, 50
Ludgate Hill. London, EC4M 7EX.
th
Our pension administrators are Paymaster (1836) Ltd, 5 Floor. Network House, Basing
View, Basingstoke, RG21 4H9, tel:
01256 365823, fax: 01256 325732.
email:
July 2003
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Specimen Forms & Letters of Appointment
cps@paymaster.co.uk. If you have any questions about the pension arrangement or what to
do next after reading the Starter Pack, please contact them.
Members of the Civil Service Pension arrangements, or those who are ineligible for
membership, may also contribute to a Stakeholder pension with Standard Life, subject to
eligibility. Contributions may be made through payroll. This arrangement is not available to
staff who opt out of the Civil Service Pension arrangements. Please contact the
Superannuation Unit for further details or ring Standard Life on 0800 333304.
[Paragraph 19: Notice - replace with]
You will be given at least two weeks' notice. If for any reason the minimum period of notice
cannot be given, you will receive two weeks' salary in lieu of notice. If you resign you must
give two weeks' notice.
[Paragraph 23: Acceptance of Outside Appointments - replace with]
In certain circumstances you are required to obtain the agreement of the Government before
accepting any offer of employment outside the Civil Service which would start within two
years of leaving Crown employment.
The rules on the acceptance of outside appointments are set out in Volume 3 Chapter 1 of
the PMM.
OF MODEL LETTER FOR: -
July 2003
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Specimen Forms & Letters of Appointment
ADAPTATION OF MODEL LETTER FOR:CONDITIONAL OFFER OF APPOINTMENT
[Paragraph 1 - replace with]
I am pleased to offer you a permanent appointment as a Level x Pay Band xx in the Crown
Prosecution Service with effect from (date). Your initial appointment is to CPS (Area), based
at (office address). This appointment is on a conditional basis while the Department
completes the normal pre-employment enquiries. If the outcome of these enquiries is
unsatisfactory, your appointment will normally be terminated unless the Department
recommends that your employment continues on different conditions of service. In this case,
a new offer of appointment will be made to you. If the outcome is satisfactory, you will be
told and your appointment will continue on a permanent basis. You should also be aware
that your access to the range of Civil Service Pensions benefits, as indicated in our letter
inviting you for interview, is still being considered. As soon as the outcome of that enquiry is
known, you will be informed.
July 2003
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ADAPTATION OF MODEL LETTER FOR:PART-TIME PERMANENT APPOINTMENT
[Paragraph 1 - replace with]
I am pleased to offer you a (type of appointment) appointment as a part-time
Pay Band xx in the Crown Prosecution Service with effect from (date).
appointment is to CPS (Area), based at (office address).
Level x
Your initial
[Paragraph 6: Pay - replace with]
You will be paid monthly in arrears by credit transfer to your bank account. Your starting
salary will be £(xxxxx) pa which has been calculated by the proportion of hours you work
(hours worked) compared with the standard requirement (36 for London/37 for elsewhere) of
the full-time salary for the level/pay band.
add
[where applicable]
In addition this post attracts a Recruitment and Retention Allowance of £(xxxx) pa.
Recruitment and Retention Allowance is a non-consolidated salary payment which, though
pensionable, may be changed, ie increased, reduced or withdrawn at any time.
[Paragraph 7: Hours - replace with]
You will normally work a (no. of days) day week/(no. of hours) hours per week. (State here
specific days to be worked and times if appropriate). This will be your normal pattern of
work. You may be asked occasionally to modify these arrangements on a temporary basis
to help meet short term operational needs. Any long term or permanent requirement to
change your working pattern will be discussed with you and will only be introduced with your
prior agreement and confirmed in writing.
If you wish to alter your working pattern you should discuss the arrangements with your line
manager. The Department will endeavour to meet your needs but operational requirements
will need to be considered.
Part-time staff are paid a proportion of the full-time rate for their level/pay band appropriate to
the hours worked, adjusted to reflect their lack of entitlement to paid meal breaks.
[Paragraph 8: Overtime - insert additional second paragraph]
You will not be entitled to overtime payments until your attendance exceeds the full
conditioned hours; excess hours worked which fall short of full-time conditioned hours will be
paid at plain time rate. If you attend on a Saturday/Sunday/public holiday, you will be entitled
to a premium payment.
[Paragraph 9: Leave - replace first paragraph with]
You will receive a proportion of the annual leave allowance appropriate to your level,
calculated on a proportionate basis based on the number of days/hours you work in a week.
You will be given proportionate time off in respect of public holidays and privilege days.
Further details will be provided by (Area Business Manager/Personnel 2).
[Paragraph 10: Mobility - replace last paragraph with]
As a part-time member of staff you will not be expected to transfer to a post outside
reasonable daily travelling distance of your home. If you change to full-time hours you will
assume the mobility obligation of your level.
July 2003
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Specimen Forms & Letters of Appointment
[Paragraph 11: Sick Absence - replace third paragraph with]
The Department requires medical evidence of incapacity and cause, certified by a qualified
practitioner, from the eighth day of absence. You may self-certify sick absence lasting
between one and seven days.
[Paragraph 12: Maternity Leave - replace first paragraph with]
You are entitled to 26 weeks' paid ordinary maternity leave, based on your part-time rate of
pay, on each relevant occasion, provided that, when your maternity leave begins, you intend
to return to work, are in paid service and have worked for a qualifying period of 26 weeks
with the Civil Service. Detailed provisions relating to maternity leave are set out in Volume 4
Chapter 5 of the PMM.
If you have been employed continuously for at least 26 weeks you may be entitled to 26
weeks’ Statutory Maternity Pay, based on your part-time rate of pay.
[Paragraph 12: Paternity Leave - replace with]
You will be entitled to 10 days' paid paternity leave, based on your part-time rate of pay.
Detailed provisions relating to paternity leave are set out in Volume 4 Chapter 5.
[Paragraph 13: Adoption Leave - replace first paragraph with]
You are entitled to 26 weeks' paid ordinary adoption leave, based on your part-time rate of
pay, on each relevant occasion, provided that, when your adoption leave begins, you intend
to return to work, are in paid service and have worked for a qualifying period of 26 weeks
with the Civil Service. Detailed provisions relating to maternity leave are set out in Volume 4
Chapter 5 of the PMM.
If you have been employed continuously for at least 26 weeks you may be entitled to 26
weeks’ Statutory Adoption Pay, based on your part-time rate of pay.
July 2003
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Specimen Forms & Letters of Appointment
ADAPTATION OF MODEL LETTER FOR:PROVISIONAL APPOINTMENT
[Paragraph 1 - replace with]
I am pleased to offer you a provisional appointment as a Level x Pay Band xx in the Crown
Prosecution Service with effect from (date). Your initial appointment is to CPS (Area), based
at (office address).
Under the provisions of the Civil Service Order in Council 1995 (as amended) permanent or
fixed-term appointments in this level can only be offered through an open recruitment
competition which follows the Civil Service Commissioners' rules on selection on merit based
on fair and open competition. It is therefore a condition of your appointment that you enter
the next competition. Provisional appointments may not be extended beyond 12 months and
they may not be renewed.
If, following an open recruitment competition, you are offered a post, you will receive a new
letter of appointment with appropriate conditions of service. If you are not offered a post,
your provisional appointment will be terminated.
July 2003
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ADAPTATION OF MODEL LETTER FOR:FIXED-TERM APPOINTMENTS
FIXED-TERM APPOINTMENTS
[Paragraph 1 - replace with]
I am pleased to offer you a fixed-term appointment [insert reason for FT] as a Level x Pay
Band xx in the Crown Prosecution Service. Your initial appointment is to CPS (Area), based
at (office address). Your appointment will run from (start date) to (end date) and will have
the possibility of permanency, promotion, progression, regrading or renewal on expiry of the
specified period, depending on the needs of the Department. [If applicable, add the
following:] This appointment is on a conditional basis while the Department completes the
normal pre-employment enquiries. If the outcome of these enquiries is unsatisfactory, your
appointment will normally be terminated unless the Department recommends that your
employment continues on different conditions of service. In this case, a new offer of
appointment will be made to you. If the outcome is satisfactory, you will be told and your
appointment will continue on a fixed-term basis.
[Paragraph 4 - replace Option 3 with]
(Existing FTA staff [eg those who are with the Department as a Level A Pay Band A1 FTA
who have been successful for an A2 FTA]): Your previous period of employment with the
Crown Prosecution Service will count as part of your continuous period of employment which
therefore began on (date) for the purpose of employment protection legislation.
or
(Existing permanent staff [eg those staff who are presently permanent Level A Pay Band A1s
but who have been successful for an A2 FTA]): Your previous period of employment with the
Crown Prosecution Service will count as part of your continuous period of employment which
therefore began on (date) for the purpose of employment protection legislation. If, at the
expiry of the term of this contract your appointment is not extended or made permanent, you
will revert to your substantive level of Level A Pay Band A1.
[Paragraph 5 - replace with]
It is a condition of your appointment that you serve a probationary period of [six months][one
year]. During the period of your appointment you must show that you can meet the required
standard and your attendance and conduct must be satisfactory. Your appointment may be
terminated during the period for which you are being employed in the case of misconduct or
if your service is unsatisfactory and it is clear you will be unable to reach the required
standard before the end of the probationary period.
[Paragraph 9: Leave - replace 1st paragraph with]
In addition to public holidays and privilege days which currently total ten and a half days,
your annual leave allowance will be 22 days rising to 25 days with pay after one year's
service. Details of your annual leave allowance for the current year will be provided by (Area
Business Manager/HR Services at HQ). If your appointment is made permanent, your
annual leave year will commence at the beginning of the month in which your birthday falls.
[Paragraph 14: Age of Retirement - add 2nd paragraph]
You will not be eligible to receive early retirement benefits or redundancy compensation
under the Civil Service Compensation Scheme (CSCS) at the expiration of your
appointment.
[Paragraph 15: Pension Arrangements – as for permanent staff]
[Paragraph 19: Notice - omit last paragraph]
[Paragraph 23: Acceptance of Outside Appointments - replace with]
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Specimen Forms & Letters of Appointment
In certain circumstances you are required to obtain the agreement of the Government before
accepting any offer of employment outside the Civil Service which would start within 2 years
of leaving Crown employment. The rules on acceptance of outside appointments, and the
circumstances in which they apply, are set out in Volume 2 Chapter 1 of the PMM.
ACCEPTANCE DECLARATION
I accept employment on the basis of the terms and conditions of service contained or
referred to in this statement. I have retained the original statement and return a signed copy
herewith.
I acknowledge receipt of the Basic Guide to the Official Secrets Act 1989.
SIGNATURE
.........................................
NAME ............................................
DATE
............................................
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Specimen Forms & letters of Appointment
CONFIRMATION OF OFFER OF THE FOLLOWING TYPES OF APPOINTMENT:
PROVISIONAL
CONDITIONAL
Dear
Further to our [provisional][conditional] letter of appointment (dated), I am writing to confirm
your appointment as a Level x Pay Band xx in the Crown Prosecution Service. The terms
and conditions of your appointment, which is now unconditional, will remain as set out in the
previous letter.
If you are willing to accept employment on the basis of the terms referred to above, will you
please sign one copy of this letter and return it to me as soon as possible and in any case
within 4 weeks. You should retain the other copy for your own reference.
Yours sincerely
February 2003
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Specimen Forms & letters of Appointment
SUCCESSFUL CANDIDATE: RESERVE LETTER
date
Name
Address
Fax
Tel
Ref
Dear
RE:
Application for
Thank you for attending the recent interview for the above post. I am pleased to inform you that you
have been recommended for appointment.
You will be contacted should we be able to offer you a suitable position. All offers of appointment to
the Crown Prosecution Service are subject to the satisfactory completion of our normal preemployment enquiries. In the event that these enquiries are not met in a satisfactory fashion, the
offer of employment may be withdrawn.
If you are not appointed to one of the current vacancies, your details may be held on the waiting list
until [date] after which time you will be required to re-apply in line with the Office of the Civil Service
Commissioners' requirements.
In the meantime, if you have any further queries, please do not hesitate to contact me.
Yours sincerely
Personnel Officer
February 2003
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Specimen Forms & letters of Appointment
LEGAL TRAINEE
INTERNAL APPOINTMENT
date
PERSONAL
Name
address
XXXX
XXXX
ref
Dear XXXXX
1.
I am pleased to offer you a fixed-term appointment as a Legal Trainee [Trainee
Solicitor][Pupil Barrister] in the Crown Prosecution Service from [date] to [date].
2.
Provided that you successfully complete your [Training Programme][Pupillage], and your
attendance record and conduct have been satisfactory, you will be eligible to apply for any
Crown Prosecutor posts that are advertised within the Department. On applying for a post as
a Crown Prosecutor you will, if selected, be required to appear before a further selection
panel.
3.
If the outcome is unsatisfactory, you will normally revert to your former contractual status
unless the Department decides that your employment as a Legal Trainee [Trainee
Solicitor][Pupil Barrister] on a fixed-term basis is extended.
4.
The following paragraphs summarise or refer to your main conditions of service as they apply
at present. You should understand, however, that because of the constitutional position of
the Crown, its employees hold their appointments at the pleasure of the Crown.
5.
Details of your conditions of service can be found in the Personnel Management Manual
(PMM) which is subject to amendment from time to time by departmental notices. Details
regarding variations to the arrangements for pay and related conditions of service will also be
notified through departmental notices.
6.
Your previous period of employment with the Crown Prosecution Service will count as part of
your continuous period of employment which therefore began on [date] for the purpose of
employment protection legislation.
If applicable:
7. [As a Legal Trainee (Trainee Solicitor) provisionally based at XXXXX, you will be required to
comply with the Law Society rules and guidelines relating to Trainee Solicitors.]
8.
Your appointment as a Legal Trainee [Trainee Solicitor][Pupil Barrister] will be for a period of
two/one
year(s).
[name]
has
been
appointed
as
your
Training
Principal/Pupilmaster/mistress. You will be on probation as a Legal Trainee throughout this
period and that appointment may be terminated at any time in the case of misconduct before
the end of the probationary period.
9. PAY
You will be paid monthly in arrears by credit transfer to your bank account. On appointment
as a Legal Trainee your [salary will remain at £xx,xxx and will be revised in line with the
salary range for your pay band] [on promotion: starting salary will be £xx,xxx and it will be
revised in line with the salary range for Level B].
February 200
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The salary range for your pay band is:- pay band minimum £xx,xxx, pay band maximum
£xx,xxx.
And (where applicable) In addition, this post attracts a Recruitment and Retention
Allowance of £x,xxx pa. This allowance is a non-consolidated salary payment which, though
pensionable, may be changed, ie increased, reduced or withdrawn at any time.
10. HOURS
You will normally work a five day week of [41][42] hours, including meal breaks.
11. OVERTIME
If overtime is necessary, staff will be invited to volunteer. If there are insufficient volunteers,
you may be required to work overtime. If so, we will try to give you at least 48 hours’ notice.
12. LEAVE
In addition to public holidays and privilege days which currently total ten and a half days, your
annual leave allowance will be [25 days with pay][22 days rising to 25 days with pay after
one year’s service]. Your annual leave year will commence at the beginning of the month in
which your birthday falls. You should discuss the leave allowance for your current leave year
with your line manager. If you are required to be on duty on a public holiday, you may be
given time off in lieu, plus a payment in compensation. If you are required to work on a
privilege day, you may be allowed an alternative day in lieu. Information about overtime
rates where applicable for public holiday working can be obtained from your Area Business
Manager.
13. MOBILITY
Mobility, i.e. liability to transfer anywhere in England and Wales, is a condition of Crown
Prosecution Service appointments at Level B and above. As a Legal Trainee this obligation
is a condition of your appointment.
14. SICK ABSENCE
Absence on account of sickness (or contact with a notifiable infectious disease) must be
notified to your line manager promptly. The conditions governing paid sick absence are set
out in Volume 4 Chapter 3 of the PMM and your attention is particularly drawn to the
following:Evidence of incapacity and cause must be provided throughout any period of sick absence to
qualify for sick pay, which may be refused if this evidence is not provided.
The department requires medical evidence of incapacity and cause, certified by a qualified
practitioner, for sick absence exceeding seven calendar days. Periods of one to seven
calendar days’ sick absence may be self-certified.
Sick absence on full pay, less any social security benefit received, may be allowed for up to six
months in any period of twelve months, thereafter on half pay, subject to a maximum of twelve
months’ paid sick absence in any period of four years or less. Any Statutory Sick Pay (SSP)
due will be paid within the maximum full pay for the relevant period in each tax year, but if your
attendance is unsatisfactory because of frequent or continuous sick absence, your suitability for
continued employment may have to be reviewed.
15. MATERNITY LEAVE
You are entitled to 22 weeks’ paid maternity leave on each relevant occasion, provided that,
when your maternity leave begins, you intend to return to work, are in paid service and have one
year’s employment in the civil service. Detailed provisions relating to maternity leave are set out
in Volume 4 Chapter 5 of the PMM.
If you have been employed continuously for at least 26 weeks, you may be entitled to 18 weeks’
Statutory Maternity Pay.
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In the event of maternity leave, time will ‘stand still’ and your contract will be extended to take
account of the period of absence.
16. PATERNITY LEAVE
You will be entitled to 10 days’ paid paternity leave on each relevant occasion.
17. AGE OF RETIREMENT
The minimum pensionable age for staff in the Crown Prosecution Service is 60 and this is to
be regarded as the normal retirement age. At that age you may retire or be retired with, if
applicable, immediate payment of superannuation benefits. Staff below the SCS/CCP cadre
may be retained beyond this age, subject to their continuing fitness and satisfactory
performance, but this will be at the discretion of the Department. You should not, therefore,
count on being able to remain in service beyond 60.
18. PENSION ARRANGEMENTS
Your appointment is pensionable from the outset under the Principal Civil Service Pension
Scheme (PCSPS). The current provisions of the PCSPS are described in the booklet “Your
Pension Scheme Benefits Explained”, which will be given to you, together with a
Superannuation Questionnaire and Nomination of Death Benefit form, after you take up your
appointment.
Your access to the PCSPS’ ill-health retirement benefits depends on your meeting the PCSPS’
health standard. So that this can be assessed, please complete the enclosed health declaration
form. If you wish the form to be seen only by a medical practitioner please return in a sealed
envelope marked “Restricted – Medical”. If you are content for the form to be screened by a
departmental personnel officer, please indicate this on the form by ticking the appropriate box.
Membership of the PCSPS is not compulsory. You may opt out to be covered instead by a
personal pension or the State Earnings Related Pension Scheme (SERPS). You may exercise
this option at any time. If you wish the alternative pension arrangement to apply from the outset,
you must make your option within three months of taking up appointment.
19. CONTACT WITH THE POLICE AND OTHER PROSECUTION AGENCIES
Any contact with the police which results, or could result, in your being charged or summonsed
must be reported via line management to your Area Business Manager. Actions which result in
a police caution must also be reported, as must police action involving close family or anyone
living as a member of your household. Similarly, you must report any investigation into your
affairs (or the affairs of close family or anyone living as part of your household) by other
prosecution agencies.
20. CONDUCT AND DISCIPLINE
The rules on conduct and the disciplinary procedures which apply to your employment are set
out in Volume 2 Chapters 1 and 3 of the PMM.
It is a condition of your employment that you meet, and continue to meet throughout the term of
your employment, the security clearance standard required for members of the Crown
Prosecution Service, or any other criminal justice agency with whom you are required to work,
as applicable at the time. The requirements for security clearance are set out in Volume 2
Chapter 1.
In the event of misconduct which infringes [Law Society][Bar Council] regulations, your
contract as a Legal Trainee will be suspended during the investigation. You will revert to
your substantive level/pay band while a determination is reached.
21. TRADE UNIONS
The Civil Service attaches importance to ensuring effective consultation and involvement of
staff. It is, of course, a personal decision whether or not to join a trade union. But the Civil
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Service encourages staff to join an appropriate trade union and to play an active part within it,
making sure that their views are represented. The trade unions recognised by the Crown
Prosecution Service are the First Division Association (FDA) and the Public and Commercial
Services Union (PCS).
22. NOTICE
If you decide to leave the Service, you are expected to give not less than one calendar month’s
notice.
Due to the constitutional position of the Crown, the Crown’s employees cannot demand a period
of notice as of right when their appointments are terminated.
However, unless you are dismissed on disciplinary grounds, and providing you have served
continuously for four weeks or more, the following minimum periods of notice will normally apply:
i.
Less than four years’ continuous service: five weeks;
ii.
Four years’ or more continuous service: not less than one week for each year of
continuous service plus one week, to a maximum of 13 weeks.
If, for any reason other than disciplinary dismissal the minimum period of notice cannot be given,
you will receive salary (calculated by reference to the gross rate of pay effective on the last day
of actual service) in lieu of notice.
If you are retired prematurely, you may be eligible for a longer period of notice, details of which
may be found in Volume 3 Chapter 2 of the PMM.
23. USE OF OFFICIAL INFORMATION
As a civil servant, you owe a duty of confidentiality to the Crown. This requires you to exercise
care in the use of information which you acquire in the course of your official duties and to
protect information which is held in confidence. The rules governing confidentiality and the use
of official information are set out in Volume 2 Chapter 1 of the PMM. Any breach of these
provisions may result in disciplinary action and, in certain circumstances, civil or criminal
proceedings.
All civil servants are subject to the Official Secrets Act 1989. An explanatory leaflet summarising
the provisions of the Act as they affect civil servants is enclosed.
24. JURY SERVICE
In accordance with Schedule 1 of the Juries Act 1974, staff employed in the Crown Prosecution
Service are ineligible for jury service. Ineligibility lasts for ten years after termination of service in
the Department. It is a criminal offence for a person to serve on a jury knowing that they are
ineligible to do so.
25. GRIEVANCES
If you have any grievance relating to your employment, your line manager is the person to
approach. The initial approach should be made informally; after that you may submit a written
statement of your grievance. You are free to consult your trade union who may act on your
behalf. Details of the steps to be taken, should you consider that the cause for complaint has
not been dealt with satisfactorily, in spite of the approaches to the above officers, are given in
Volume 2 Chapter 5 of the PMM.
26. ACCEPTANCE OF OUTSIDE APPOINTMENTS
Civil Servants are required to obtain the agreement of the Government before accepting any
offer of employment outside the Civil Service which would start within 2 years of leaving Crown
employment. This applies if:
You are in the Senior Civil Service in salary band 4 or above and in a post attracting a minimum
JESP score of 13; or you have had any official dealings with your prospective employer during
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the last two years of Crown employment; or you have had official dealings of a continued or
repeated nature with your prospective employer at any time during your period of Crown
employment; or you have had access to commercially sensitive information of competitors of
your prospective employer in the course of your official duties; or your official duties during the
last two years of Crown employment have involved advice or decisions benefiting your
prospective employer, for which the offer of employment could be interpreted as reward, or have
involved developing policy, knowledge of which might be of benefit to the prospective employer;
or you are to be employed on a consultancy basis and you have had dealings of a commercial
nature with outside bodies or organisations in your last two years of Crown employment.
The rules on the acceptance of outside appointments are set out in Volume 2 Chapter 1 of the
PMM.
27. SMOKING POLICY
The Crown Prosecution Service operates a policy which prohibits smoking in all areas other
than those designated as smoking rooms. Your line manager can provide further details.
28. DATA PROTECTION ACT 1998
During the course of your employment the Crown Prosecution Service may request information
defined by the Data Protection Act 1998 as personal information. This information is required
for the purpose of managing your employment and to provide statistical information to managers
and Central Government.
This information will be held in a personal file, computer database or other electronic media and
is held in accordance with the provisions of the Data Protection Act 1998 and the CPS Equal
Opportunities Code of Practice. The information will only be disclosed to other organisations
who require the information by law, or who manage aspects of your employment as contractual
agents of the CPS. No personal information will be disclosed to any unauthorised person or
organisation without your express permission.
29. ACCEPTANCE
If you are willing to accept employment on the basis of the terms contained or referred to in this
letter, please sign one copy and return it to me as quickly as possible and in any case within four
weeks. You should retain the other copy for your own information.
Yours sincerely
Personnel Manager
I accept the employment offered to me on the terms contained or referred to in this letter.
SIGNATURE …………………………………….
NAME ……………………………………………
DATE …………………………………………….
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A BASIC GUIDE TO THE OFFICIAL SECRETS ACT 1989
The Official Secrets Act 1989 came into force on 1 March 1990. The 1989 Act replaces section
2 of the Official Secrets Act 1911, under which it was a criminal offence to disclose any official
information without lawful authority. Under the 1989 Act it is an offence to disclose information
only in six specified categories and only if the disclosure is damaging to the national interest.
This guide gives answers to basic questions about how the new law might affect you. It does not
cover everything in the Act, but your Area Business Manager/HQ Director should be able to give
to you more information and advice if you need it.
Who is affected by the Act?
The Act applies to:
•
•
•
Crown servants, including
•
•
•
•
Government Ministers
Civil Servants, including members of the diplomatic service
members of the armed forces
the police
government contractors, including anyone who is not a Crown Servant, but who provides or
is employed in the provision of goods or services for the purposes of a Minister.
A small number of office holders and the members and staff of a small number of nongovernment organisations who are treated as Crown Servants for the purposes of the Act,
including
•
•
•
•
•
•
the UK Atomic Energy Authority
British Nuclear Fuels plc
Urenco Ltd
the National Audit Office and the Northern Ireland Audit Office
the Offices of the Parliamentary Commissioner for Administration and the
Northern Ireland Commissioner.
members of the public and others who are not Crown Servants or government
contractors but who have, or have had, official information in their possession.
What is "official information"?
This means any information, document or article which a Crown Servant or a government
contractor has or had in his or her possession by virtue of his or her position as such.
What are the six specified categories of official information protected by the Act?
It is an offence for a Crown Servant or Government contractor to disclose official information in
any of the following categories if the disclosure is made without lawful authority and is damaging.
The categories are:
•
•
•
•
•
•
security and intelligence
defence
international relations
foreign confidences
information which might lead to the commission of crime
the special investigation powers under the Interception of Communications Act 1985 and the
Security Service Act 1989.
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When is a disclosure damaging?
The Act sets a different test or tests of damage for each of the six categories of information. For
an offence to be committed under the Act, the disclosure of information must in general have
damaged the national interest in the particular way, or ways, specified in the Act for the category
of official information in question. It is ultimately for the jury to decide, when the case comes to
trial, whether damage has in fact occurred.
When is a disclosure made without lawful authority?
Crown Servants may disclose official information only in accordance with their official duty.
Government contractors may do so only in accordance with an official authorisation or for the
purposes of their functions as government contractors and without contravening an official
restriction. In any other circumstances a disclosure is made without lawful authority.
What about members of the public?
If a member of the public or any other person who is not a Crown Servant or government
contractor under the Act has in his or her possession official information in one of the six
categories, and the information has been
•
•
disclosed without lawful authority or
entrusted by a Crown Servant or government contractor on terms requiring it to be held in
confidence
it is an offence to disclose the information without lawful authority.
It is also an offence to make a damaging disclosure of information relating to security or
intelligence, defence or international relations which has been
•
•
communicated in confidence to anther state or an international organisation and
the information has come into a person's possession without the authority of
that state or organisation.
Is it an offence to disclose means of access to protected information?
It is an offence for anyone to disclose official information which it would be reasonable to expect
might be used to obtain access to information protected by the Act.
What about the security and intelligence services?
For
•
•
present and former members of the security and intelligence services, and
people who have been notified in writing that they are subject to section 1(1) of the Act
it is an offence to disclose without lawful authority any official information about security or
intelligence. There is no damage test.
Who will be notified?
A person may be notified only if his or her work is or includes work connected with the Security
and Intelligence Services, and the nature of the work is such that the "interests" of National
Security require that the person should be subject to section 1(1) of the Act.
What are the penalties for unauthorised disclosure?
Offences of unauthorised disclosure under the Act may be tried either on indictment, by the
Crown Court, or summarily, by a magistrates' court. The maximum penalties are two years'
imprisonment or an unlimited fine, or both, if the offence is tried on indictment, and six months'
imprisonment or a £2000 fine, if the offence is tried summarily.
February 2003
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LEGAL TRAINEE
EXTERNAL APPOINTMENT
date
PERSONAL
Name
Address
XXXX
XXXX
ref
Dear XXXXX
1.
I am pleased to offer you a fixed-term appointment as a Legal Trainee [Trainee Solicitor][Pupil Barrister] in
the Crown Prosecution Service from [date] to [date]. Your initial appointment is to CPS [Area], based at
[office address].
2.
Provided that you successfully complete your [Training Programme][Pupillage], and your attendance record
and conduct have been satisfactory, you will be eligible to apply for any Crown Prosecutor posts that are
advertised within the Department before your contract expires. On applying for a post as a Crown Prosecutor
you will, if selected, be required to appear before a further selection panel.
3.
If the outcome is unsatisfactory, your contract will be terminated unless the Department decides that your
employment as a Legal Trainee [Trainee Solicitor][Pupil Barrister] on a fixed-term basis is extended.
4.
The following paragraphs summarise or refer to your main conditions of service as they apply at present.
You should understand, however, that because of the constitutional position of the Crown, its employees hold
their appointments at the pleasure of the Crown.
5.
Details of your conditions of service can be found in the Personnel Management Manual (PMM) which is
subject to amendment from time to time by departmental notices. Details regarding variations to the
arrangements for pay and related conditions of service will also be notified through departmental notices.
6.
No employment with a previous employer will count with this new employment as a continuous period of
employment for the purpose of employment protection legislation.
Include for trainee solicitors only:
7.
As a Legal Trainee (Trainee Solicitor) provisionally based at XXXXX, you will be required to comply with the
Law Society rules and guidelines relating to Trainee Solicitors. This includes:
•
attending the Professional Skills Course (PSC) as required by the Law Society. The CPS will pay all
course fees and associated expenses and will allow you paid leave to attend the course; and
• undertaking one or more secondments to gain experience in three areas of English law as required by the
Law Society. The CPS will continue to pay your salary during your secondment.
8.
Your appointment as a Legal Trainee [Trainee Solicitor][Pupil Barrister] will be for a period of [insert length of
contract]. [Insert name] is your Training Principal and [insert name] has been appointed as your supervisor.
You will be on probation for 12 months and that appointment may be terminated at any time in the case of
misconduct before the end of the probationary period. If your training contract is less than 12 months you will
be on probation for the duration of your contract.
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9.
PAY
You will be paid monthly in arrears by credit transfer to your bank account. On appointment as a Legal
Trainee your [salary will remain at £xx,xxx and will be revised in line with the salary range for your pay band].
The salary range for your pay band is:- pay band minimum £xx,xxx, pay band maximum £xx,xxx.
And (where applicable) In addition, this post attracts a Recruitment and Retention Allowance of £x,xxx pa.
This allowance is a non-consolidated salary payment which, though pensionable, may be changed, i.e.
increased, reduced or withdrawn at any time.
For the duration of the training contract for pay award purposes you will be deemed a box 3 performer.
10.
HOURS
You will normally work a five day week of [41][42] hours, including meal breaks.
11.
OVERTIME
If overtime is necessary, staff will be invited to volunteer. If there are insufficient volunteers, you may be required
to work overtime. If so, we will try to give you at least 48 hours’ notice.
12.
LEAVE
In addition to public holidays and privilege days which currently total ten and a half days, your annual leave
allowance will be 25 days with pay. Your annual leave year will commence at the beginning of the month in
which your birthday falls. You should discuss, with your line manager, your leave allowance between the date
you joined the Crown Prosecution Service and the commencement of your personal annual leave year. If you are
required to be on duty on a public holiday, you may be given time off in lieu, plus a payment in compensation. If
you are required to work on a privilege day, you may be allowed an alternative day off in lieu. Information about
overtime rates where applicable for public holiday working can be obtained from your Area Business Manager.
13.
MOBILITY
Mobility, i.e. liability to transfer anywhere in England and Wales, is a condition of Crown Prosecution Service
appointments at Level B and above. As a Legal Trainee this obligation is a condition of your appointment.
14.
SICK ABSENCE
Absence on account of sickness (or contact with a notifiable infectious disease) must be notified to your line
manager promptly. The conditions governing paid sick absence are set out in Volume 4 Chapter 3 of the PMM
and your attention is particularly drawn to the following:Evidence of incapacity and cause must be provided throughout any period of sick absence to qualify for sick
pay, which may be refused if this evidence is not provided.
The department requires medical evidence of incapacity and cause, certified by a qualified practitioner, for
sick absence exceeding seven calendar days. Periods of one to seven calendar days’ sick absence may be
self-certified.
Sick absence on full pay, less any social security benefit received, may be allowed for up to six months in any
period of twelve months, thereafter on half pay, subject to a maximum of twelve months’ paid sick absence in
any period of four years or less. Any Statutory Sick Pay (SSP) due will be paid within the maximum full pay for
the relevant period in each tax year, but if your attendance is unsatisfactory because of frequent or continuous
sick absence, your suitability for continued employment may have to be reviewed.
Include this paragraph relating to trainee solicitors:
For absences of over 4 months the training contact will be extended by the period of absence over the 4 months.
Include this paragraph relating to trainee barristers:
If a pupil has more than 5 days sick leave in any six month period of pupillage, the pupillage must be extended
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Specimen Forms & Letters of Appointment
by the period of absence, and the Bar Council, Education and Training Department must be notified accordingly.
Include this paragraph only for female employees
15.
MATERNITY LEAVE
You are entitled to 26 weeks’ paid maternity leave on each relevant occasion, provided that, when your maternity
leave begins, you intend to return to work, are in paid service and have worked for a qualifying period of 26
weeks with the Civil Service. Detailed provisions relating to maternity leave are set out in Volume 4 Chapter 5 of
the PMM.
If you have been employed continuously for at least 26 weeks, you may be entitled to 26 weeks’ Statutory
Maternity Pay.
In the event of maternity leave, time will ‘stand still’ and your contract will be extended to take account of the
period of absence.
Include this paragraph relating to trainee solicitors:
In the event of maternity leave, for absences over 4 months the training contract will be extended by the period of
absence over the 4 months.
Include this paragraph relating to trainee barristers:
In the event of maternity leave, time will ‘stand still’ and your contract will be extended to take account of the
period of absence. However you should note that the Bar Council Regulations state that the first six months
must be continuous and no more than a twelve month break may be taken between the first six and the second
six months. The second six months can be extended over the course of nine months.
Include this paragraph for male employees
PATERNITY LEAVE
Insert this paragraph relating to trainee solicitor:
You will be entitled to 10 days’ paid paternity leave on each relevant occasion. Detailed provisions relating to
paternity leave are set out in Volume 5 Chapter 5 of the PMM.
Insert this paragraph relating to trainee barrister:
You will be entitled to 10 days’ paid paternity leave on each relevant occasion. You will need to contact the
Training Principal to determine the effect this may have on your pupillage.
16.
ADOPTION LEAVE
You are entitled to 26 weeks’ paid ordinary adoption leave on each relevant occasion, provided that, when your
adoption leave begins, you intend to return to work, are in paid service and have worked for a qualifying period of
26 weeks with the Civil Service. Detailed provisions relating to adoption leave are set out in Volume 4 Chapter 5
of the PMM.
If you have been employed continuously for at least 26 weeks, you may be entitled to 26 weeks’ Statutory
Adoption Pay.
In the event of adoption leave, time will ‘stand still’ and your contract will be extended to take account of the
period of absence.
Include this paragraph relating to trainee solicitors:
In the event of adoption leave, for absences over 4 months the training contract will be extended by the period of
absence over the 4 months.
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July 2003
Specimen Forms & Letters of Appointment
Include this paragraph relating to trainee barristers:
In the event of adoption leave, time will ‘stand still’ and your contract will be extended to take account of the
period of absence. However you should note that the Bar Council Regulations state that the first six months
must be continuous and no more than a twelve month break may be taken between the first six and the second
six months. The second six months can be extended over the course of nine months.
17.
AGE OF RETIREMENT
The minimum pensionable age for staff in the Crown Prosecution Service is 60 and this is to be regarded as
the normal retirement age. At that age you may retire or be retired with, if applicable, immediate payment of
superannuation benefits. Staff below the SCS/CCP cadre may be retained beyond this age.
OR
The minimum pensionable age for staff in the Crown Prosecution Service is 60 and this is to be regarded as the
normal retirement age. Staff below the SCS/CCP cadre may be employed beyond this age.
18.
PENSION ARRANGEMENTS
Your appointment is pensionable from the outset. You will be able to choose between two pension
arrangements:
•
Membership of premium, a final salary occupational pension scheme with a 3.5% member contribution
rate;
Having a partnership pension account, a stakeholder pension with an employer contribution based on your
age. You do not have to contribute, but if you do, your employer will also match your contributions up to 3%
of pensionable pay.
You will find full information on these arrangements in our Starter Pack, which you will receive within one
month. If you do not receive your Pack within this time, please contact the Superannuation Unit, HR
Directorate, CPS Headquarters, 50 Ludgate Hill, London EC4M 7EX.
You do not have to join the Civil Service Pension arrangements; you may opt out and be covered instead by
a personal pension or the State Second Pension Scheme (S2P). You will be automatically entered into the
premium scheme on appointment unless you return your Choice form at or before your start date.
You have 3 months from your start date to make your choice and this will be backdated to your start date. If
you do not register a choice within 3 months, you will remain as a member of premium, unless you
subsequently opt out.
You should return your Choice form and the partnership pension application form, where applicable, to
Superannuation Unit.
th
Our pensions administrators are Paymaster (1836) Ltd, 5 Floor, Network House, Basing View, Basingstoke
RG21 4HG, tel: 01256 365823, fax: 01256 325732, e-mail: cps@paymaster.co.uk. Please contact them if
you have any questions about the pensions arrangements.
Members of the Civil Service Pension arrangements, or those who are ineligible for membership, may also
contribute to a Stakeholder pension with Standard Life, subject to eligibility. Contributions may be made
through payroll. This arrangement is not available to staff who opt out of the Civil Service Pension
arrangements. Please contact the Superannuation Unit for further details or ring Standard Life on 0800
333304.
19.
CONTACTS WITH THE POLICE AND OTHER PROSECUTION AGENCIES
Any contact with the police, which results, or could result, in your being charged or summonsed must be reported
via line management to your Area Business Manager. Actions, which result in a police caution, must also be
reported, as must police action involving close family or anyone living as a member of your household. Similarly,
you must report any investigation into your affairs (or the affairs of close family or anyone living as part of your
household) by other prosecution agencies.
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20.
CONDUCT AND DISCIPLINE
The rules on conduct and the disciplinary procedures, which apply to your employment, are set out in Volume 2
Chapters 1 and 3 of the PMM.
It is a condition of your employment that you meet, and continue to meet throughout the term of your
employment, the security clearance standard required for members of the Crown Prosecution Service, or any
other criminal justice agency with whom you are required to work, as applicable at the time. The requirements
for security clearance are set out in Volume 1 Chapter 1.
In the event of misconduct, which infringes [Law Society][Bar Council] regulations, your contract as a Legal
Trainee will be suspended during the investigation. You will revert to your substantive level/pay band while a
determination is reached.
21.
TRADE UNIONS
The Civil Service attaches importance to ensuring effective consultation and involvement of staff. It is, of course,
a personal decision whether or not to join a trade union. But the Civil Service encourages staff to join an
appropriate trade union and to play an active part within it, making sure that their views are represented. The
trade unions recognised by the Crown Prosecution Service are the First Division Association (FDA) and the
Public and Commercial Services Union (PCS).
22.
NOTICE
If you decide to leave the Service, you are expected to give not less than one calendar month’s notice.
Due to the constitutional position of the Crown, the Crown’s employees cannot demand a period of notice as of
right when their appointments are terminated.
However, unless you are dismissed on disciplinary grounds, and providing you have served continuously for four
weeks or more, the following minimum periods of notice will normally apply:
i.
Less than four years’ continuous service: five weeks;
ii.
Four years’ or more continuous service: not less than one week for each year of continuous service plus one
week, to a maximum of 13 weeks.
If, for any reason other than disciplinary dismissal the minimum period of notice cannot be given, you will receive
salary (calculated by reference to the gross rate of pay effective on the last day of actual service) in lieu of notice.
If you are retired prematurely, you may be eligible for a longer period of notice, details of which may be found in
Volume 3 Chapter 2 of the PMM.
23.
USE OF OFFICIAL INFORMATION
As a civil servant, you owe a duty of confidentiality to the Crown. This requires you to exercise care in the use of
information, which you acquire in the course of your official duties, and to protect information which is held in
confidence. The rules governing confidentiality and the use of official information are set out in Volume 2
Chapter 1 of the PMM. Any breach of these provisions may result in disciplinary action and, in certain
circumstances, civil or criminal proceedings.
All civil servants are subject to the Official Secrets Act 1989. An explanatory leaflet summarising the provisions
of the Act as they affect civil servants is enclosed.
24.
JURY SERVICE
In accordance with Schedule 1 of the Juries Act 1974, staff employed in the Crown Prosecution Service are
ineligible for jury service. Ineligibility lasts for ten years after termination of service in the Department. It is a
criminal offence for a person to serve on a jury knowing that they are ineligible to do so.
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25.
GRIEVANCES
If you have any grievance relating to your employment, your line manager is the person to approach. The initial
approach should be made informally; after that you may submit a written statement of your grievance. You are
free to consult your trade union who may act on your behalf. Details of the steps to be taken, should you
consider that the cause for complaint has not been dealt with satisfactorily, in spite of the approaches to the
above officers, are given in Volume 2 Chapter 5 of the PMM.
26.
ACCEPTANCE OF OUTSIDE APPOINTMENTS
Civil Servants are required to obtain the agreement of the Government before accepting any offer of employment
outside the Civil Service which would start within 2 years of leaving Crown employment. This applies if:
You are in the Senior Civil Service in salary band 4 or above and in a post attracting a minimum JESP score of
13; or you have had any official dealings with your prospective employer during the last two years of Crown
employment; or you have had official dealings of a continued or repeated nature with your prospective employer
at any time during your period of Crown employment; or you have had access to commercially sensitive
information of competitors of your prospective employer in the course of your official duties; or your official duties
during the last two years of Crown employment have involved advice or decisions benefiting your prospective
employer, for which the offer of employment could be interpreted as reward, or have involved developing policy,
knowledge of which might be of benefit to the prospective employer; or you are to be employed on a
consultancy basis and you have had dealings of a commercial nature with outside bodies or organisations in
your last two years of Crown employment.
The rules on the acceptance of outside appointments are set out in Volume 2 Chapter 1 of the PMM.
27.
SMOKING POLICY
The Crown Prosecution Service operates a policy which prohibits smoking in all areas other than those
designated as smoking rooms. Your line manager can provide further details.
28.
DATA PROTECTION ACT 1998
During the course of your employment the Crown Prosecution Service may request information defined by the
Data Protection Act 1998 as personal information. This information is required for the purpose of managing your
employment and to provide statistical information to managers and Central Government.
This information will be held in a personal file, computer database or other electronic media and is held in
accordance with the provisions of the Data Protection Act 1998 and the CPS Equal Opportunities Code of
Practice. The information will only be disclosed to other organisations who require the information by law, or who
manage aspects of your employment as contractual agents of the CPS. No personal information will be
disclosed to any unauthorised person or organisation without your express permission.
29.
ACCEPTANCE
If you are willing to accept employment on the basis of the terms contained or referred to in this letter, please
sign one copy and return it to me as quickly as possible and in any case within four weeks. You should retain the
other copy for your own information.
Yours sincerely
HR Manager
-------------------------------------------------------------------------------------I accept the employment offered to me on the terms contained or referred to in this letter.
SIGNATURE ………………………………………………………………….
NAME …………………………………………………………………………
DATE …………………………………………………………………………
July 2003
Personnel Management Manual – Volume 1
Training & Development
CHAPTER 7
TRAINING AND DEVELOPMENT
LIST OF CONTENTS
INTRODUCTION
7.1
PRINCIPLES
7.2
Why we need training and development
7.4
How to identify training and development needs
7.6
CPS Training Strategy
7.14
Area/Headquarters Training Strategy
7.18
Personal Development Plan (PDP)
7.20
PDP for members of the Senior Civil Service (SCS)
7.23
PDP for staff below the SCS
7.24
Where to go for help
7.27
TRAINING AND DEVELOPMENT OPPORTUNITIES
Induction training
7.28
At work training
7.31
Team training
7.37
Internal training courses
7.43
External training courses
7.45
Eligibility
7.47
Financial assistance
7.49
Inter-agency training
7.53
Open and distance learning
7.58
Further education
7.65
Eligibility
7.68
Locations and methods
7.71
GCSE , Advanced Level courses and equivalent studies
7.73
Degree courses and equivalent studies
7.76
Post graduate and equivalent studies
7.79
Open University
7.83
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Training & Development
Revision courses
7.85
Re-taking a course and re-sitting examinations
7.86
Failure to complete a course
7.87
Student obligations
7.89
Financial assistance
7.92
Membership of a professional body
7.96
Time-off for studies
7.98
Travelling and subsistence expenses
7.99
Further education for staff under 18 years of age
7.100
Terms of assistance
7.102
Application procedure
7.103
ROLES AND RESPONSIBILITIES
Training and Development Managers
7.105
How to apply
Training courses
7.107
Distance learning
7.108
Further education
7.109
Completing the form
7.110
Evaluation
7.111
Pre-course evaluation
7.112
Immediate evaluation
7.113
Short term evaluation
7.114
Appeal/dissatisfaction procedure
7.116
CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
PRINCIPLES
7.118
CPD for all staff
7.121
The Law Society CPD scheme
7.125
What counts as CPD activity for the Law Society scheme?
7.128
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Training & Development
The New Practitioners Programme (NPP) for Barristers
7.132
How to satisfy the requirements of NPP
7.134
APPENDICES
CPS Training Plan 1999/2000 + Business Objectives and
Training Priorities
1
Personal Development Plan (PDP) and Development Record
2
Forms:
Application for Training
3
Application for Distance Learning
4
Application for Further Education sponsorship
5
Training Course Evaluation
6
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Training & Development
CHAPTER 7
TRAINING AND DEVELOPMENT
INTRODUCTION
7.1
This Chapter sets out the training and development policy which applies to all staff in the Crown
Prosecution Service (CPS).
PRINCIPLES
7.2
The CPS is an equal opportunities employer. The delivery and provision of training must comply with all
equal opportunities policies so as not to discriminate against any group of staff.
7.3
The CPS training policy has the following aims:
•
•
•
•
•
to provide all staff with the necessary knowledge and skills to carry out their duties efficiently;
to provide opportunities for staff to develop their full potential;
to develop staff to fulfil the current and future business needs of the Service;
to help staff understand the relationship of their own job to those of their colleagues in the CPS and other
agencies in the Criminal Justice System; and
to give staff a wider knowledge of the work of the CPS and related organisations.
Why we need training and development
7.4
Effective and timely training and development is essential because:
•
•
•
•
7.5
it increases skills and knowledge;
it improves the performance of staff at all levels;
it makes new staff and job changers effective in their jobs; and
it plays an important part in the development of individuals and in helping them to achieve their full
potential.
Training also allows staff to gain a clearer picture of CPS objectives, keeps them up to date with initiatives and
helps them to understand the wider context within which they work. It equips them to deal with changes of job
and will play a part in preparation for advancement.
How to identify training and development needs
7.6
A training need is the gap between the knowledge and skills that a person possesses and those that they
need to perform at a level that fully meets requirements. It is important for any training, whether vocational
or management, to meet a precisely identified need.
7.7
It is the joint responsibility of the line manager and job holder to identify what training and development is
required. Line managers should ensure that their staff are equipped with the knowledge and the skills
required to perform effectively.
7.8
Some training needs are identified in other ways, for instance when a course is made compulsory or by a need
to meet the requirements of a professional body. For example, performance appraisal report writing, discipline
training and sickness absence training are compulsory courses for line managers.
7.9
Under the CPS performance appraisal system line managers are required to hold regular discussions with
their staff. These discussions should always include identifying and reviewing training needs and deciding
how to meet them. Areas for improvement in performance, perhaps demonstrated by repeated errors or
difficulties in coping with individual workloads, may indicate a need for training.
7.10
Completing a Forward Job Plan (FJP) which outlines key areas of work and the competencies required to be
able to achieve personal objectives will help staff to assess their training needs.
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Personnel Management Manual – Volume 1
Training & Development
7.11
Further details about the FJP can be found in Volume 2 Chapter 9 of the Personnel Management Manual
(PMM) and further details about competencies are available in the User Guide to Competence Frameworks
within the CPS.
7.12
There are a number of ways to meet training and development needs and these are addressed later in this
chapter. Formal training courses are not always an effective answer to training needs: managers should
consider the knowledge and skills which their staff need to perform effectively, and consult the Training and
Development Manager (T&D Manager) if available courses do not meet these needs.
7.13
Any request for training and development will be considered in light of the national and Area priorities for
training and development. These are explained further in the following paragraphs.
CPS Training Strategy
7.14
The Career and Training Strategy Group (CTSG) is responsible for identifying national priorities for training
and development, in the light of CPS objectives, and setting the organisational objectives for training and
development at the beginning of the financial year. These are published to staff, usually through inform, with a
plan for delivering these objectives.
7.15
The Training Plan is reviewed on a quarterly basis by the CTSG. Any amendments will be communicated to
staff through inform.
7.16
At the end of each financial year, the CTSG evaluates training costs and outcomes against the training plan.
To this end, T&D Managers will be asked to provide CTSG with this information by means of a framed list of
questions relating to the training and development objectives.
7.17
The current national priorities for training and development and the CPS organisational objectives for training
and development are attached at Appendix 1.
Area/Headquarters Training Strategy
7.18
Using the CPS priorities for training and development, Areas/HQ Directorates are responsible for identifying
their own priorities for training and development. A costed Area/HQ Directorate training plan should also be
produced. The objectives should be SMART (Specific, Measurable, Achievable, Realistic and Timebound),
as at the end of the financial year they will need to be evaluated. Consultation with local TUS on the
Area/HQ Directorate training and development priorities would be good practice.
7.19
The Area/HQ Management Team (or similar group) should review these documents on a quarterly basis.
Any amendments will need to be communicated to staff.
Personal Development Plan (PDP)
7.20
All staff should be encouraged to complete and update a Personal Development Plan (PDP) (see Appendix 2).
Individuals may use their own version of the PDP if they wish, but it should cover similar areas such as the
competencies to be developed, linking training requirements to objectives, and review/completion dates.
7.21
The PDP is intended to promote the discussion of the training and development required to carry out the job
effectively and develop the competencies required; provide an opportunity to discuss and encourage the job
holder’s career and development; and provide him/her with a plan of agreed proposals to support the identified
training and development requirements.
7.22
The PDP should be reviewed regularly and should include a review of the effectiveness of any
training/development activity undertaken.
PDP for members of the Senior Civil Service
7.23
Information on the Senior Civil Service (SCS) Route Map can be found in Volume 7 Chapter 5 of the PMM.
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February 2001
Training & Development
PDP for staff below the SCS
7.24
Staff at Level E and below should record their training and development needs on the PDP attached to the
Forward Job Plan.
7.25
The PDP should be reviewed and if necessary amended at in-year reviews, with the training being completed
at the end of the reporting year. Area/HQ Personnel 1 may request copies of completed PDPs to carry out a
training needs analysis for their Area/HQ Directorate.
7.26
Further information on how to use PDPs can be found in Volume 2 Chapter 9 of the PMM.
Where to go for help
7.27
If you require any help in identifying your training needs you should initially speak to your line manager. The
T&D Manager will also be able to assist.
TRAINING AND DEVELOPMENT OPPORTUNITIES
Induction training
7.28
This training is aimed at all new starters and all job changers. Good induction is essential in helping the
CPS to run efficiently. The time taken to induct a new starter or job changer will help them become an
efficient member of staff.
7.29
Further information on how to induct staff is contained in the CPS induction training package and is
available from Area/HQ Personnel 1. New starters and job changers should be given their own copy of the
induction training package.
7.30
In addition to completing the induction training package, all new starters and job changers (if applicable)
should attend an induction training course as soon as possible. Further information about this training can
be obtained from the T&D manager.
At work training
7.31
This is training that is undertaken at the learner's place of work; it is often called "desk" training.
7.32
It is usually conducted on an individual and one to one basis, sometimes by the job holder's manager, a
designated mentor/coach or a team trainer.
7.33
The training will usually be focused on equipping the learner with a specific range of skills or knowledge closely
linked to the job holder's day to day duties.
7.34
This kind of training activity accounts for a great deal of the training undertaken by CPS employees.
7.35
It is an essential training method. Conducted effectively, “at work” training ensures that employees are able to
carry out their work with confidence, increased effectiveness, ease and efficiency.
7.36
Assessing the need for, nature, and organisation of “at work” training is the responsibility of the job holder's
manager, unit manager and job holder. Where necessary, the job holder may seek the advice and assistance
of the T&D Manager about any aspect of this type of training activity.
Team training
7.37
This training aims to meet the identified needs of a discrete work group or team. It usually aims to meet a
common training need shared by several or all members of the group. For example, the need may be to
inform the group of new legislation, or address policy, procedure or administrative requirements. Again, this
training accounts for a large and important proportion of departmental training activity.
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Personnel Management Manual – Volume 1
Training & Development
7.38
The need for this type of training may be identified by an individual or unit manager, or may be suggested by
others to meet a particular operational or policy requirement.
7.39
This training is usually organised within a work unit and delivered by a nominated trainer drawn from within the
work unit or Area/HQ Directorate.
7.40
Chosen for their expertise, or interest in a subject and willingness to be involved in the training and
development of team colleagues, nominated work group trainers fulfil a major role in equipping fellow team
members with the essential knowledge, skills and abilities to carry out their duties effectively.
7.41
It is the responsibility of the unit manager to identify those team members with the ability and motivation to be
effective team trainers and to ensure that the identified staff are properly trained, developed, and supported to
carry out this important team role. T&D Managers are available to assist with any aspect of organising team
based training.
7.42
Where necessary, the job holder may seek the assistance of the T&D Manager with any aspect of this type of
training activity.
Internal training courses
7.43
These courses are principally designed and delivered specifically for the Department by CPS employees. The
courses aim to meet identified training needs common to large numbers of CPS employees.
7.44
There are three broad categories of internal training courses:
•
Vocational (Law, Policy and Procedures): This training is designed to meet specific training needs
relating to the employee's job.
Examples: Homicide, Crime and Disorder Act, Higher Court Advocacy, Casework Officer Training
(COTs), Advocacy Training Programme.
•
Management: This training is intended to equip managers to carry out their role.
Examples: Introduction to Management, Performance Appraisal, Team Management and Meetings
Skills.
•
Developmental: This training is designed to meet the emerging demands of the organisation on individual
employees and the individual employee's desire to improve their own levels of skills and ability. Many of
the above courses may also fall into this category, depending on the current role and training needs of the
individual.
Examples: Assertiveness, Time Management and Effective Communication.
External training
7.45
These are training events organised and delivered by agencies and providers outside the CPS. The
courses are usually open to the public and are often designed to meet the expectations of a wide range of
levels of experience and needs.
7.46
The broad descriptions of vocational, management and developmental training shown above may also be
applied to describe the types of external training available.
Eligibility
7.47
Staff applying for external training events should be permanent members of staff. Staff employed on a
casual basis who are awaiting a selection interview, or the result of an interview, will not normally be given
assistance towards external training. However, such applications may be approved by the T&D Manager
where the external training event would provide immediate demonstrable benefits to the CPS if the casual
Personnel Management Manual – Volume 1
February 2001
Training & Development
member of staff were to attend. The course must also represent good value for money. Applications for
attendance on events that provide training of a similar content and depth to that offered on internally run
training courses will not be approved.
7.48
Line managers should take these factors into account when considering the officer’s suitability for and the
timing of external training. The officer’s ability to derive a real benefit in terms of job efficiency or effectiveness
from the proposed training should be taken into account, and for this reason the detailed comments and views
of the applicant’s line manager are crucial. T&D Managers are unable to consider applications which are not
suitably endorsed.
Financial assistance
7.49
The CPS will sponsor approved external training events as follows:•
•
7.50
100% of all tuition fees; and
100% of any residential costs contained within the overall course fee.
The appropriate Area\HQ Directorate should pay for the following items (original invoices should support all
claims where possible):
•
•
travelling costs to and from the training course venue; and
subsistence claims covering the duration of the training (where not already included in the course fee).
7.51
It is usual for course materials to be included in the tuition fee. Any claim for books will not normally be
considered. The exception to this rule is First Aid Manuals, which although itemised as a separate cost on
some courses, will be paid for in full by the CPS.
7.52
Staff are not expected to attend external training events in their own time (ie during an evening or over a
weekend). If staff identify a course that fulfils the external training criteria and which they are keen to attend,
but it is held out of normal office hours, consideration will be given to providing assistance on the
understanding that time off will be given in lieu. Overtime payments may be granted at the discretion of the
Area/HQ Directorate.
Inter-agency training
7.53
These are training events organised and delivered by agencies within the Criminal Justice Systems. They may
be organised and delivered by one or more agencies working together, eg CPIA disclosure training was jointly
prepared and delivered by the CPS and the Police. The training may be organised and delivered by one
agency with representatives from other agencies being invited to attend.
7.54
This type of training has an important place in promoting greater inter-agency co-operation and understanding
and is to be encouraged.
7.55
Inter-agency training can also take the form of exchange visits by members of CPS staff shadowing
colleagues in other agencies, and vice versa. Exchanges can vary in length from half a day to a period of
weeks.
7.56
Assessing the need for this type of training is the responsibility of individual job holders, line managers and Unit
and Area Managers who will consider the resource implications and benefits and consult appropriately with
other agencies.
7.57
Where necessary, you may seek the assistance of your T&D Manager with any aspect of this training activity.
Open and distance learning
7.58
This is training material which is studied flexibly by the learner at a time and place convenient both to them and
to their employer. Learners will still require the active support of a line manager or mentor during the period of
study.
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7.60
There is an important distinction to be drawn between open learning and distance learning, although often the
same material will be studied.
Open learning material is studied by the individual employee in their own time. Learning need not be
evaluated, nor is it necessary for the employee to seek his or her line manager's approval to begin a course
of study.
7.61
Distance learning material is studied in the workplace, and official time is allowed for study.
7.62
The line manager's approval and evaluation of learning is required.
7.63
There are several broad types of open and distance learning material:
7.59
•
•
•
•
•
7.64
Text based:
Audio based:
Video based:
Computer based:
Mixed media:
books, and other reading material;
cassettes, tapes;
video;
usually CD ROM;
as the name suggests, a mixture of the methods described above.
The Open & Distance Learning Catalogue describes the material available. A copy can be obtained from the
T&D Manager.
Further education
7.65
Study usually takes place at recognised colleges, institutes or through distance learning provided by a
recognised college or institute.
7.66
The courses of study undertaken will often lead to a recognised academic or professional qualification.
•
7.67
Examples:GCSE and A Levels, degrees, MBA, MSc, ILEX qualifications, Institute of Personnel and
Development (IPD) qualifications.
Financial assistance for further education is granted subject to management training priorities and budgetary
considerations.
Eligibility
7.68
The CPS does not guarantee to provide sponsorship for studies already being undertaken by staff joining the
CPS either from outside the Civil Service or from another Government Department.
7.69
Courses undertaken during career breaks do not qualify for sponsorship by CPS.
•
7.70
All applications must be made to the T&D Manager. Each individual case is considered on its merits.
T&D Managers are unable to give approval for any course of study without a completed application form.
In order to obtain financial assistance towards any course of study, the applicant must demonstrate that:
•
•
•
•
•
•
the course content is relevant, either wholly or largely, to the applicant’s current job and level, and will
improve the applicant's efficiency or effectiveness at work;
the studies will be undertaken in the applicant's own time;
the applicant has the academic ability to complete the course successfully;
the course is not so intensive as to interfere with the applicant's day-to-day job of work;
the course is not similar in depth and content to any internal or external training course already undergone
by the applicant; and
the applicant is a permanent member of staff.
Locations and methods
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7.71
7.72
Further education is usually undertaken within the public education system. When suitable public educational
facilities are not available, assistance may be given for correspondence courses or attending private colleges,
providing that the tuition is of an acceptable standard and the fees offer value for money.
Day-release will not normally be granted to staff over 18 years of age, but provision for time off to attend
studies of up to a half day per week may be granted locally so long as:
•
•
the needs of the office continue to be met; and
longer hours are worked during the rest of the week to make up any time off (ie flexitime).
GCSE, Advanced Level Courses and equivalent studies
7.73
The following criteria must be met for assistance to be considered:•
•
7.74
the application must fulfil the criteria set out in paragraph 7.70; and
the line manager must have commented favourably on the applicant’s suitability and the relevance of the
course.
Special leave with pay for activities such as occasional daytime tutorials, pre-examination revision and
examinations may be granted as follows:
GCSE and equivalent courses:
•
•
up to a total of 5 days;
if the number of days required for examinations in any one year exceeds 2 , up to 4 additional days to
cover the excess.
A level and equivalent courses:
•
•
7.75
up to a total of 10 days provided that not more than 5 days are taken in any one year of the course; and
if the number of days required for examinations in any one year exceeds 2 , up to 4 additional days to
cover the excess.
Please note that special leave provision reduces on a pro-rata basis for part-time staff. For example, staff
working 2 days per week qualify for 2/5 of the normal special leave allowances. Leave is calculated to the
nearest half day.
Degree courses and equivalent studies
7.76
The following criteria must be met for assistance to be considered:
•
•
•
7.77
Special leave with pay for activities such as occasional day-time tutorials, pre-examination revision and
examination may be granted as follows:
•
•
•
7.78
the application must fulfil the criteria set out in paragraph 7.70;
the applicant must have passed probation and received a satisfactory final probation report; and
the subject(s) to be studied must have a direct relevance to the applicant’s current duties.
up to a total of 20 days provided that not more than 10 of these days are taken in the last year of the
course;
if the number of days required for examinations in any year exceeds 5, up to 4 additional days to cover the
excess; but
if the above limits make it impossible for the officer to complete the course, up to 10 additional days at the
discretion of the line manager. Any further time required should be taken as annual leave.
Special leave provision reduces on a pro-rota basis for part-time staff (see paragraph 7.75).
Postgraduate and equivalent studies
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7.79
In exceptional circumstances, postgraduate and courses of similar intensity and length may be approved. All
applications should be referred to the T&D Manager.
7.80
The following criteria must be met for assistance to be considered:
•
•
the application must fulfil the criteria set out in paragraph 7.70; and
the member of staff must have passed probation and received a satisfactory final probation report.
7.81
Special leave allowances are the same as for degree level and equivalent courses (see paragraph 7.77).
7.82
Special leave provision reduces on a pro-rota basis for part-time staff (see paragraph 7.75).
Open University
7.83
Open University studies should be confined to subjects that are of relevance to the officer's current job. If in
order to obtain an Open University Degree the subjects chosen are not relevant, these elements will not attract
financial support from CPS.
7.84
The CPS will sponsor summer schools for relevant foundation courses. The special leave allowances are the
same as for degree courses and equivalents (see paragraph 7.77). Summer schools for any other courses
may be attended in the officer’s own time and at the officer’s own expense.
Revision courses
7.85
These courses will be approved only if they form a mandatory part of the overall course. Time taken to attend
will be deducted from the overall special leave allowance for the course of study being undertaken. If a
revision course is considered advisable rather than compulsory, the officer may attend in his/her own time and
at his/her own expense.
Re-taking a course and re-sitting examinations
7.86
If an officer fails an examination at the end of a course, the T&D Manager may approve one re-sit for each
failed subject, but the CPS will not contribute towards any repeated tuition fees or revision costs. Nor will it
contribute towards the cost of additional text books. Applications to re-sit examinations must be made in
writing to the T&D Manager.
Failure to complete a course
7.87
In the event of an officer failing satisfactorily to complete a voluntary course of studies, the CPS will normally
expect all financial assistance given in respect of that course to be repaid by the officer. Failure to sit any or all
of the examinations is deemed as failure satisfactorily to complete the course. Notification of intended
withdrawal from a course of study must be made punctually and in writing to the T&D Manager.
7.88
In exceptional circumstances, paragraph 7.87 may be waived, but the onus is on the officer to demonstrate
that they had no option but to fail to complete the course. Factors such as disappointment with course content
will not be considered as good reason to drop out of a course. Applications to waive repayment must be made
in writing to the T&D Manager.
Student obligations
7.89
When making an application for assistance, an officer undertakes to pursue diligently and complete the course
of study by regular attendance at classes and lectures and promptly to complete any written work required.
The continuation of assistance is subject to satisfactory progress judged by the passing of examinations or by
periodical reports. It is therefore mandatory that applicants let the T&D Manager know their examination
results within two weeks of receipt.
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7.90
Continuation of assistance is also subject to an officer maintaining a satisfactory standard in the performance
of his/her duties.
7.91
A fresh application form must be completed for each academic year of study, to enable accurate estimates of
cost for each financial year to be made.
Financial assistance
7.92
Staff over 18 years of age undertaking approved courses of further education may be granted assistance as
follows:
•
•
80% of tuition fees and examination fees, 100% for courses of study leading to a qualification recognised
by a professional body appropriate to the applicant’s current job; and
50% of cost of text books up to a maximum of 100 per course.
7.93
An original receipt should support all claims. Assistance will not be paid in advance of approval. The officer
should pay all invoices in full and then seek reimbursement from the T&D Manager.
7.94
Where this is not possible, the T&D Manager may pay 80% of the invoice direct to the college, whilst the
officer contributes their 20% directly. This method of payment will be authorised by the T&D Manager in
exceptional circumstances only.
7.95
Where a course contains some elements relevant to CPS and the officer's current job, assistance may be
provided in respect of the relevant subjects only. The T&D Manager will advise applicants which elements
attract assistance.
Membership of a professional body
7.96
The CPS will meet the whole cost of membership of a professional body only if that membership is a prerequisite of studying or sitting examinations for an approved course of studies.
7.97
The CPS will fund continuing long-term membership of appropriate professional bodies. If a member of staff is
working in a post that carries with it a requirement to be a member of a professional organisation, the fees
should be provided out of the relevant Area/HQ Directorate budget.
Time off for studies
7.98
In addition to any special leave allowances, time off to reach approved evening classes should be allowed up
to a maximum of an hour for each evening class. All arrangements should be agreed locally, but since all
Areas/HQ Directorates operate a system of flexi-time, any travelling time should be made up on a weekly
basis.
Travelling and subsistence expenses
7.99
These should be paid from the Area/HQ Directorate budget and applicants are reimbursed in accordance with
the Travel and Subsistence Code. T&D Managers are unable to authorise claims for travelling or subsistence.
Further education for staff under 18 years of age
7.100 Day release is open to members of staff who are under 18 when they join the Civil Service and continues until
the end of the term in which they reach the age of 18 (unless deferment of the start of day release has been
arranged with the T&D Manager).
7.101 Whilst the CPS hopes that staff will be encouraged to continue their education after starting work, the
opportunity to take up day release will depend on the staffing needs of the Area/HQ Directorate concerned.
Staff considering continuing their education should contact the T&D Manager for guidance.
Terms of assistance
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7.102 Areas/HQ Directorates will provide the following terms of assistance:
•
•
•
•
•
Fees: all course and examination fees relating to approved studies only;
Travelling: travelling expenses in excess of those normally incurred for the journey between home and
office. Travelling expenses in connection with examinations will also be paid in full;
Subsistence: day subsistence allowance in accordance with the normal rules for official detached duty;
Equipment: the full cost of notebooks and equipment needed to complete the courses that are not
provided by the college, or available from the office;
Text Books: books up to a limit of 20 per subject or course unit. The total amount payable for text books
per course in one academic year is 80.
Application procedure
7.103 Once a suitable training event has been identified, the application for training form (see Appendix 3) should be
completed by the applicant, endorsed by the line manager and then sent to the T&D Manager. Applications
should be with the T&D Manager at least 10 clear working days before the closing date for applications for the
course. The T&D Manager will make the necessary booking arrangements.
7.104 Late applications run the risk of not being processed in time. Assistance towards events booked without prior
approval cannot be granted, and the T&D Manager may not meet any outstanding fees. Local bookings by
correspondence or telephone with the training provider must not be made unless prior written approval has
been obtained from the T&D Manager.
ROLES AND RESPONSIBILITIES
Training and Development Managers (T&D Managers)
7.105 It is the responsibility of both the job holder and line manager to identify what training is needed. Once this has
been done the result needs to be communicated to the training organiser who, in the CPS, is the T&D
Manager.
7.106 The T&D Manager acts as training consultant for the staff in his/her Area/HQ. T&D Managers are available to
advise staff and managers on training needs and the most appropriate method of meeting those needs. They
are responsible for carrying out training needs analyses in their Area/HQ and organising a training programme
to meet those needs. The programmes comprise both legal and non legal subjects.
How to apply:
Training courses
7.107 There is only one application form to complete. It can be used for internal, external, legal and non legal
applications. When applying to attend an external training course a completed booking form should be
attached (see Appendix 3).
Distance learning
7.108 The job holder and line manager should complete the form and send it to the T&D Manager, who will consider
the application. If approved, the form will be sent to the Distance Learning Unit, United House, York, who will
despatch the training material direct to the applicant (see Appendix 4).
Further education
7.109 The system for dealing with applications may vary between Areas/HQ Directorates. Due to budget restrictions,
some Areas/HQ Directorates may run a further education campaign, inviting applications before a cut off date,
at which point all applications are considered. Other Areas/HQ Directorates work on a first come, first served
basis. Any member of staff may apply for further education sponsorship and should contact the T&D Manager
for details of how funding is dealt with in the Area/HQ Directorate (see Appendix 5).
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Completing the form
7.110 The job holder and line manager should discuss why the job holder needs the training identified. It is important
that both are clear about what the job holder needs to learn and be able to do as a result of the training. The
form also asks for details of the competencies which the training will help to develop. The competencies for
each job holder will have been identified during the completion of the forward job plan at the beginning of the
reporting year. Further information on competencies is contained in Volume 2 Chapter 9, or contact either the
T&D Manager or Personnel section.
Evaluation
7.111 Evaluation is an essential part of the training process and must take place after any training. It enables the job
holder, the line manager and the organisation to establish if the training received has the desired effect on
performance. There is only one evaluation form to complete. The information obtained through the evaluation
process helps measure the overall quality of training provision within the CPS and how well the training helps
the CPS meet its business needs (see Appendix 6).
Pre-course evaluation
7.112 The pre-course evaluation is designed to ensure that job holder and line manager are clear about what they
expect from the training: what needs to be learned, which competencies the training will develop and how the
learning will be used on return to the office. The joining instructions for the course contain the aim(s) and
objectives of the training and the evaluation form. The front page of the form (Section A - Pre-Course
Preparation) should be completed by both the job holder and line manager before the training takes place. It is
important that this happens because it could be some months since the job holder initially applied for the
training. The information contained in this section will form the basis of the post-course evaluation.
Immediate evaluation
7.113 Section B at the top of page 2 of the evaluation form should be completed by the line manager on the job
holder’s return from the training. This gives the job holder the opportunity to discuss with their line manager if
the training went well and met the course objectives. The questions on the form can be used to provide a
framework for the discussion.
Short term evaluation
7.114 Section C of the form is completed 3-6 months after the training has taken place. Immediately after the training
it is difficult to evaluate if it has helped a job holder improve work performance. The best time to review
performance is after the job holder has had sufficient time to use the knowledge/skills learned during the
training. This can vary depending on the complexity of the subject, but would usually be within 3-6 months after
the training. It is recommended that, where possible, the discussion of the short term evaluation between the
line manager and job holder takes place during the performance appraisal quarterly review.
7.115 When Section C has been completed a copy should be sent to the T&D Manager who will use the information
to evaluate the effectiveness of the training at an Area/HQ Directorate and departmental level. The job
holder’s PDP or equivalent document should be updated to reflect any training and development activity that
has been carried out over the year.
Appeal/dissatisfaction procedure
7.116 If at any point during the training/distance learning/further education process a job holder is dissatisfied with
how an application has been dealt with, they should initially speak to the person who made the decision. The
job holder should ask for an explanation of the decision and discuss the reason why he/she is unhappy with
the result.
7.117 If after taking action the job holder is not satisfied, he/she should ask for a review of the decision, after
submitting any further information he/she feels may support his/her case. The final point of review within an
Area is the Area Business Manager and within Headquarters, the HQ Director.
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CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
PRINCIPLES
7.118 Continuing Professional Development (CPD) is important for everyone, no matter what job they do or their
level. Individuals should always aim to develop in whatever job they hold.
7.119 Some professional organisations have a compulsory CPD scheme. The Law Society and Bar Council operate
schemes for their members and these are outlined later at paragraphs 7.125 and 7.132.
7.120 Other members of CPS may also find that their professional body offers such a scheme, for example, IPD. If
individuals are unsure whether the professional body to which they belong operates either a compulsory or
voluntary scheme, they should contact the body direct to find out.
CPD for all staff
7.121 Individuals who are not affected by any of these schemes should still endeavour to keep their skills, knowledge
and competencies up to date. This will mean that they are able carry out their jobs effectively and deal with
change flexibly.
7.122 This should be done by recording all the personal development that needs to be undertaken and why. This log
should clearly set out which competencies, knowledge or skills need to be improved and how this development
will improve performance in the job.
7.123 After the development activity has been undertaken it should be logged in terms of what it was, what was
learned and how this knowledge will be put into practice. It is essential that development needs are discussed
with line managers so that the function of the activities undertaken is clear.
7.124 Whether the CPD scheme is linked to a professional body or not, it is imperative that individuals take
responsibility for recording their own development activity. It is the responsibility of the individual to ensure that
their skills and knowledge are up to date.
The Law Society CPD scheme
7.125 With effect from 1 November 1998, all solicitors in England and Wales became subject to the Law Society
CPD scheme.
7.126 All newly qualified solicitors must undertake at least 1 hour of CPD activity for each complete month from the
date of admission to the next 31 October. Thereafter they must complete at least 16 hours of CPD activity for
each of the three complete CPD years following qualification (the CPD year runs from 1 November to 31
October).
7.127 All other solicitors must undertake at least 48 hours of CPD activity every 3 CPD years.
What counts as CPD activity for the Law Society scheme?
7.128 All CPD activity must
be at an appropriate level and contribute to a solicitor s general professional skill
and knowledge and not merely advance a particular fee-earning matter .
7.129 The requirements may be satisfied in a number of ways:
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•
At least 25% of the required activity must take the form of participating (which includes preparing,
delivering and attending) in courses accredited by or on behalf of the Law Society. Such courses must
require attendance for at least one hour.
7.130 Activity that does not consist of participating in accredited courses as above may take various forms:
•
•
•
•
•
•
•
•
•
participating in accredited courses of at least 30 minutes;
participating in non-accredited courses (for example, courses designed for non solicitors which are
relevant to a piece of specialist work);
writing law books or articles in legal journals;
legal research that goes beyond a particular case and results in some form of guidance to others;
distance learning;
preparation and delivery of courses for trainee solicitors;
working towards certain National Vocational Qualifications (NVQs);
participating in the development of specialist areas of law and practice by attending committees or working
parties; and
study towards certain professional qualifications.
7.131 The requirement set out above, that at least 25% of CPD activity must consist of participation in accredited
courses of at least one hour, is waived for solicitors who complete a PDP. These solicitors must still
complete the required amount of CPD activity, but they are not compelled to attend courses if they find
other means of meeting the requirements that are more satisfactory.
The New Practitioners Programme (NPP) for Barristers
7.132 The New Practitioners Programme (NPP) originally applied to all barristers entering independent practice on or
after 1 October 1997. The scheme was extended to include all barristers entering employed practice after 1
October 1998 who had not previously satisfied the Bar Council’s requirements in independent practice.
7.133 Barristers affected by NPP must complete at least 42 hours of development activity in the 3 years following call
to the Bar. This activity is further sub-divided as follows:
Nature of activity
Case preparation and procedure
Substantive law or Training related to
Practice
Advocacy
Ethics
Time required
At least 18 hours
At least 15 hours
At least 6 hours
At least 3 hours
How to satisfy the requirements of NPP
7.134 Providers of training for NPP purposes must be authorised by the Bar Council.
7.135 Accredited courses are offered by authorised providers and include lectures, seminars, workshops, residential
courses, group discussions and conferences.
7.136 Open and distance learning is accepted by the Bar Council as a means of satisfying the requirements of the
case preparation and procedure and substantive law/training related to practice elements of the scheme.
7.137 The CPS is an authorised provider and all of its training courses and open and distance learning materials
may count towards the appropriate elements of the scheme. The exception to this is Advocacy training,
which must be face-to-face and be delivered by specially approved trainers.
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