To All Members
09th November 2017
Circular 36/17
The DPF would like to draw to your attention to the current position on post rotations for Chief Inspectors and Superintendents.
The questions and answers below have been put together with the assistance of our legal advisers, who were asked to give guidance during the last post rotation for Chief Inspectors.
What is the Post Rotation Policy?
It is an MOD policy allowing for the filling of posts on a level transfer basis in various circumstances including:
· To provide career development opportunities either on an individual basis or as part of a development scheme; and
· To meet specific or changed needs, including re-organisation
Why is this relevant to me?
The policy is being relied on by MDP to administer the post rotations of Chief Inspectors and Superintendents.
Does the Policy apply to me?
Our view is that it does not – the policy applies to MoD staff only.
Why are MDP applying the MoD Policy to us then?
MDP ‘s view is that the policy does apply in the context of post rotations.
Can I be forced to move under the MoD policy?
MDP’s view’s is that you can as the policy entitles them to force officers to move if there is a ‘business need’. MDP rely on this clause in the policy: ‘the Department reserves the right to move an individuals to another suitable position or from an existing position for business reasons, within the boundaries of their mobility obligation’.
Our view is that if the policy applies to you (which we do not accept) they are restricted by the responsibility to ‘consider the impact on the individual on a case by case basis’. Our view is that they cannot force you to move if the impact of the move is negative.
What is my ‘Mobility Obligation’?
A mobility clause is included as a term in your Statement of Particulars.
So they can force me to move by relying the mobility clause?
No. Mobility clauses are subject to the implied terms of the employment relationship. Having to relocate your family, for example, could be a breach of the implied term. It has been the custom and practice for Chief Inspectors not to be moved against their wishes over the last four years and this is a further restriction.
What is the current position?
The Chief Officer Group were asking Chief Inspectors in advance for their views on post rotations and making decisions on this information. We have been involved in representing members selected for post rotations. The outcome was a finding that the selection processes were inadequate and the impact of the decisions on the individuals were not considered properly. Chief Inspector post rotations are now all on hold pending a review of the policy.
If you are asked for your view on post rotations or selected for a move against your wishes then please contact the DPF.
DPF HQ
