Outside employment

Reference: 

668

Request detail: 

Dear Sir or Madam

 

The following request for information is made under the relevant sections of the Freedom of Information Act.

 

- Are staff employed by the fire authority (including firefighters) permitted to undertake secondary employment?

 

- What conditions are placed on staff (including firefighters) employed by your fire authority who wish to undertake secondary employment in periods where they are not required for work for the fire and rescue service?

 

- What audit checks are undertaken to ensure compliance with the conditions required for secondary employment?

 

- What sanctions are applied to staff who fail to comply with the secondary employment conditions?

 

- What number of staff were disciplined for failure to comply with the secondary employment conditions, in the calendar years 2015 and 2016? What sanctions were applied in each case where failure to comply with the policy was established?

 

- Please forward a copy of fire authority policy regarding secondary employment of staff.

 

- Does the fire and rescue service secondary employment policy apply to all secondary employment work undertaken by staff? If not, what areas of secondary employment are excluded from the policy?

 

- Has the fire authority/fire and rescue service adopted the guidance by the Chief Fire Offices Association (CFOA) dated 30 November 2015 and issued to for all UK Fire and Rescue Authorities, in relation to FRA trading companies?

If not - has the fire and rescue authority/fire and rescue service determined not to adopt the CFOA guidance?

 

Response detail: 

Thank you for your Freedom of Information request. Please find the answers to your questions below: - Are staff employed by the fire authority (including firefighters) permitted to undertake secondary employment? Yes - What conditions are placed on staff (including firefighters) employed by your fire authority who wish to undertake secondary employment in periods where they are not required for work for the fire and rescue service? CONDITIONS OF APPROVAL The following notes outline the intent and details of the principles that will apply to the granting of approval. It is expected that the carrying out of outside employment will not impair the performance of your official duties or responsibilities as a member of the Fire and Rescue Service. Furthermore, the Authority must be satisfied that the interests of the Authority or Service are not being detrimentally affected. Certain aspects of work will, therefore, be normally precluded e.g: • Driving - Where distance or involvement would potentially reduce the capability to return for duty. • Protection or collection Services and other occupations - E.g. debt collection, security or doorperson, where the potential for physical assault and/or injury is higher than normal. • Occupations prejudicial to the Authority’s reputation - Where employment is of such a nature that it may bring the Shropshire and Wrekin Combined Fire Authority or Shropshire Fire and Rescue Service into disrepute, or damage the name and/or the reputation of either party. • Conflicts of interest - Where such employment has direct or indirect connections with any matters in which Shropshire and Wrekin Fire Authority has statutory responsibilities (e.g. work associated with the Authority’s contractual obligations, requirements imposed under Fire Safety Legislation etc). Additionally, such employment must not conflict with or react detrimentally to the Authority’s interest, or in any way weaken public confidence in the conduct of the Authority’s business. GENERAL CONDITIONS In support of the above principles the following general conditions apply to all personnel undertaking outside employment. • Outside employment will not be undertaken on Service premises e.g. vehicle repairs and valeting or using Service facilities (this includes the use of telephones or fax facilities). This does not exclude those tasks outlined in Conditions of Service. • Where an applicant is to employ other Service personnel separate applications must be made by the individuals concerned for outside employment. • Outside employment is not to be carried out for any person, firm or company the Fire Service deals with during the course of official duties. Should the outside employer or contractor become such a person, firm or company the applicant must terminate their outside employment, for that person, firm or company immediately. • Approval of outside employment as an LGV driver in no way implies authorisation of driving outside the regulations applicable to such activity. Compliance with such regulations e.g. rest periods, fitness etc is the responsibility of the individual who should therefore make the outside employer fully aware of their full time restrictions/commitment. In all cases the requirements of the Fire Authority have absolute priority. • Vehicles having commercial identification or adaptations or carrying openly any load i.e. materials or other cargo for use in connection with secondary employment, will not be parked on Fire and Rescue Service property e.g. building trucks, trailers, vans etc. • Outside employment will not be carried out whilst the individual concerned is on sick leave or where that employment may prevent the individual from fully recovering from any illness. • Outside employment will not interfere with any requirements to work overtime i.e. casual overtime or perform detached duties etc. Additionally, personnel will not be released early from duty to take up outside employment. • Approval to undertake outside employment is specific to the rank held at the time of application and where individuals are subsequently promoted; reapplication for approval must be made. • No article of Fire Service uniform or equipment may be worn or used for any purpose associated with outside employment. • Where approval for outside employment has been given any changes in the circumstances or type of employment must be the subject of a further application. • Members of the Service must not use their employment in the Brigade in any way in advertising or canvassing for business, and under no circumstances must the name of Shropshire and Wrekin Fire Authority or its Fire and Rescue Service be used in connection with any outside employment. • The Authority may contact the outside employer to gather information for purposes of Regulations and legislation such as working time etc. - What audit checks are undertaken to ensure compliance with the conditions required for secondary employment? All employees must complete an application for outside employment which is to be forwarded in the first instance to the District Officer or Section Head for approval. The Officer will then complete the remainder of the application and forward to the Human Resources Manager. A log is made of all outside employment applications and a copy of the application form on the employees personal record. Where it is apparent that the conditions attached to outside employment have been contravened the matter should be reported to the District Officer or Section Head. Where it is suspected that an individual’s ability to perform their official duties is impaired by such outside employment, this must be brought to the attention of the District Officer or Section Head. Secondary employment is logged against the employee on the HR information system (Resourcelink) and reviews are carried out by HR to ensure individuals with secondary employment are still continuing with that role and if they are, check if there has been any update/changes to the role. - What sanctions are applied to staff who fail to comply with the secondary employment conditions? Can result in disciplinary action being taken - What number of staff were disciplined for failure to comply with the secondary employment conditions, in the calendar years 2015 and 2016? What sanctions were applied in each case where failure to comply with the policy was established? None - Please forward a copy of fire authority policy regarding secondary employment of staff. Please see the attached Brigade Order: Outside Employment - Does the fire and rescue service secondary employment policy apply to all secondary employment work undertaken by staff? If not, what areas of secondary employment are excluded from the policy? Yes - Has the fire authority/fire and rescue service adopted the guidance by the Chief Fire Offices Association (CFOA) dated 30 November 2015 and issued to for all UK Fire and Rescue Authorities, in relation to FRA trading companies? Yes the Fire Authority did accept and implement the guidance in relation to Shropshire Fire Risk Management Services. If not - has the fire and rescue authority/fire and rescue service determined not to adopt the CFOA guidance?

Information Released: 

Yes

Received: 

Monday, 27 February, 2017

Responded: 

Friday, 24 March, 2017

Topic: 

Document: