Issue 3 of 2016 Magazine of Merseyside Police Federation | www.merpolfed.org.uk Lest we forget National Police Memorial Day Contents Negotiation or Consultation 2 Message from the Chairman 4 About Insight Magazine: Injury Award – Police Injury Benefit Regulations 2006 6 Editor – Peter Singleton, JBB Chairman Producer – Paul Kinsella, Business Manager National Police Memorial Day 8 Does the Common Law Spouse exist? 11 Published by: One Day's Delay is Another Day's Lack of Progress 12 Merseyside Police Federation Malvern House Chief Constables Message to Members 14 13 Green Lane Liverpool, L13 7DT Merseyside Police Federation Charitable Trust 15 Tel: 0151 259 2535 Fax: 0151 228 0973 Group Insurance Scheme - An Essential Part of your www.merpolfed.org.uk Total Care Package 16 Follow us on Facebook and Twitter: Why Choose a Package Holiday? 21 Merseyside-Police-Federation Equality Update 23 @merpolfed Your local Federation 24 Update from the Merseyside Police LGBT Network 28 Insight Magazine is produced by: United Awareness Publishing Refuge House, 33-37 Watergate Row Chester, CH1 2LE Tel. 01244 624022 www.uapl.co.uk Insight is the magazine of Merseyside Police Federation. Its purpose is to keep our members informed on all that their Federation is involved in, to stimulate debate on relevant issues and promote member services. The views expressed in the magazine are those either of its component Boards, officers or representatives, unless otherwise stated. Contributions may be sent in confidence to the Editor, (who reserves the right to Important Information amend or edit all material as necessary, where possible with the consent of the In the event of arrest or interview, please consider the following points. contributor) at: Insight, Merseyside Police Federation, Malvern House, 13 Green Lane, Liverpool, L13 7DT. Federation telephone • It is in your interests to inform the Federation / Slater Gordon whatever numbers: +44 (0) 151 777 7500-04 the allegation. Your reps details are on page 32 or +44 (0) 151 259 2535. Federation, Fax number: +44 (0) 151 228 0973. • When you are given your rights we recommend you request Slater Gordon Solicitors who are Merseyside Police Federation retained solicitors. They can be contacted 24 hour on:- 0800 908 977 n egotiation or Consultation Tony Barton looks at the distinct difference between being consulted, and being able to negotiate. There is a BIG difference. and must therefore take place before This then leads to engage in negotiation By Tony Barton, decisions are made. Consultation does not where the Police Federation can represent Secretary Merseyside mean that employees' views have to be on behalf the affected staff. We can Branch Board acted on since there may be good practical challenge anything that it is potentially or financial reasons for not doing so. unlawful and offer alternative solutions to Consultation requires a free exchange of those being proposed; eventually we should ideas and views affecting the interests of reach an agreed position. uring the recent changes to the force employees. An agreement with employees Dstructure the issue has been raised a does not have to be reached and an With regards to the recent changes to number of times about what the Federation organisation may introduce measures once the force structure and moving towards have agreed to, or not agreed to, and there consultation has taken place. a centralised functional model this appears to be some confusion about what decision was taken by Chief Officers takes place when we are having discussions The only reference to either of these without consultation or negotiation due with the force. processes in police regulations is that Chief to the financial constraints placed on Officers have to consult with the local the force by central government austerity As you are aware the police service is Branch Board before introducing changes. measures. Once made, the decision was governed by Police Regulations which set A typical example of this is in relation communicated to staff and we entered into out the legal position of what police officers to the introduction of a variable shift negotiations with the force to try and work are entitled to in relation to the terms and arrangement. with them to make the introduction of the conditions of their employment. changes the least impactive on staff as Regulation 22 Annex E possible. Most of the queries in relation to the (2 A chief officer may, after consulting interpretation of regulations can be readily with the joint branch board and members It is often very difficult when negotiating answered as they are written into statute affected, allowing them at least 30 days to on behalf of police officers due to the and challengeable in the courts if there is a make representations and taking account of nature of the role they perform in society. disagreement on the interpretation. the likely effects of the new arrangements It is frequently a fine balancing act of on their personal circumstances: recognising what the legal position is, When it comes to discussing matters with the officer’s well-being and the need to the force that are not contained within i) Announce that he intends to bring into provide an effective service to the public. police regulations then there are two operation variable shift arrangements for all It is also impossible when collective processes that are used - negotiation or or any particular class of members below bargaining to take account of all individual consultation. Although they may sound the rank of inspector. circumstances. similar these have two distinct separate interpretations; the following definitions ii) Bring the arrangements into operation Problems often arise when making pretence outline the different uses when engaging in not less than 30 days after the of consultation on issues that have already these processes: announcement. been decided; it is unproductive and engenders suspicion and mistrust about the Negotiation This example highlights that Police process amongst staff. General: Bargaining (give and take) process Regulations allow for Chief Officer’s between two or more parties (each with its to make decisions without needing to I hope this goes some way to explain own aims, needs, and viewpoints) seeking negotiate or reach agreement with the that a lot of the complexities that are to discover a common ground and reach Police Federation. However once that involved when negotiating on your behalf. an agreement to settle a matter of mutual decision has been made it is recognised Decisions made by the force are not always concern or resolve a conflict. that for any changes to be effective it is by negotiated agreement with the Police good practice to then negotiate the terms Federation but rather after consultation Consultation of the decision with affected staff to allow only — once decisions are made we then Consultation involves taking account of as them to have a say in how the changes will try to negotiate around the impact of such well as listening to the views of employees be implemented. decisions. 2 - Insight Magazine - Issue 3 of 2016 Magazine of Merseyside Police federation | www.MerPolfed.org.uk www.MerPolfed.org.uk | Magazine of Merseyside Police federation Insight Magazine - Issue 3 of 2016 - 3 Message from the Chairman Peter Singleton highlights the support provided by Merseyside Federation via our schemes. are only part of the issue. The stresses By Peter Singleton, Resilience is and strains many of us (many of YOU) Chairman an important are under also take their toll over Merseyside Joint the years. Resilience is an important Branch Board requirement for a requirement for a Police Officer, but as individuals we are all different, and we Police Officer, but all have different tolerances of different k – I know I’m not as young as I stresses. Oused to be, but I’m not sure exactly as individuals we when I became aware of the fact. There The demands of shift-work take their toll certainly wasn’t a flash of light, roll of are all different, mentally as well as physically, the abuse thunder or any apocalyptic moment when and we all have we endure, the assaults we sustain, it hit me, but recently I’ve noticed that the increasing workloads that are the things aren’t as they used to be. different tolerances result of having 1000 fewer officers on Merseyside, the worry and strain when For instance, I still (occasionally) run up of different stresses. a complaint – no matter how frivolous a flight of stairs, but I’m now breathless or malicious – is made, all of these take at the top and have to take a couple of about your role as a Police Officer. You their toll psychologically. deep breaths to recover, thus wasting the see I still run (well, jog) a bit and still go time I’ve saved by running up them in to the gym occasionally to keep healthy It doesn’t get any better when we all the first place. I’ve also started to make and in some sort of condition, as I still have to put up with the changes in the odd groaning or sighing noises when I sit have to pass the Job Related Fitness way we work, changes in the technology down, get up, open a reluctant door or Test so I can keep my POL2 qualification we use, the changes to the structure of lift anything heavier than a small sack of current. Merseyside Police of when and where spuds, which is all the more depressing we will work, and the uncertainty and when I realise I now make more noises Now no longer being as young as I worry of how we will continue to provide just moving around than I do when once was means that slight ‘twinges’ the excellent service to the public that having se… erm … being intimate.