Security Classification: NOT PROTECTIVELY MARKED

Disclosable under FOIA 2000: Yes

Author: CC Hughes Force / Organisation: Uniformed Operations
Date Created: 5 January 2010 Telephone: 0114 252 3408

Association of Chief Police Officers of England,

Wales & Northern Ireland

ACPO Guidance on Public Order & Firearms

duties for Turban wearing Sikh
Police Officers

Status: This Uniformed Operations Business Area Guidance has

been developed to provide clarity in relation to Sikh Police
Officers who wear turbans in respect of firearms and
public order roles. It has been agreed at ACPO Cabinet.
This document is not protectively marked and is fully
disclosable under the FOIA 2000. It has been registered
and audited in line with ACPO requirements and is subject
to copyright.

Implementation
Date: March 2010

Review Date: March 2013

Copyright © 2010. All rights reserved. Association of Chief Police Officers of

England, Wales and Northern Ireland. Registered number: 344583: 10
Victoria Street, London. SW1H 0NN.

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 CONTENTS PAGE

Section Page
number

1. Preface 3

2. Guidance, Advice and Procedures 4 – 11

3. References 12
‘A’
• ACPO Workbook

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 SECTION 1 - PREFACE

1.1 This ACPO guidance has been developed to provide clarity in relation to Sikh
Police Officers who wear turbans in respect of firearms and public order
roles.
1.2 The guidance provides a foundation to encourage understanding and
dialogue between managers and Sikh Police Officers and to support
individuals who should be afforded choice around options for access to
specialist units.
1.3 Although no specially designed protective headwear for turban wearing Sikh
officers currently exists, this guidance will ensure that Sikh officers are
treated with dignity and respect - as well as giving a clear framework for
decision making by managers.
1.4 This guidance also aims to articulate terms and conditions for recruitment
so that new and potential Sikh colleagues who wear a turban are aware of
police policies around this issue.
1.5 As part of the consultation process, a questionnaire was sent to over 400
Sikh Police Officers in forces throughout England and Wales.1 The results of
this survey will be used to inform any future work in this area.
1.6 This guidance has been developed by the ACPO Uniformed Operations
Business Area in consultation with the Home Office Scientific Development
Branch, the Health and Safety Executive, UK Police Forces, partner
agencies, staff associations, interested stakeholders and community
representatives.
1.7 Until a technical solution around developing specially designed protective
headwear for firearms and public order is explored in the future, this
guidance exists to balance the needs of the Police Service, in its role of
protecting the public, with the needs and safety of individual Sikh Police
Officers who wear a turban.

1
Online Colleague Opinion Survey, January 2010

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 SECTION 2 - GUIDANCE, ADVICE AND PROCEDURES

2.1 Introduction & Aim

2.1.1 The aim of this guidance is to provide clear advice and support for
managers and Sikh Police Officers, including Special Constables, who wear
turbans and may:

• Volunteer for public order duties

• Volunteer for firearms duties
• Be required to perform public order (Level 2) duties

All of these roles require the wearing of specialist protective equipment,

including protective headwear.

2.1.2 The Police Service is committed to encouraging and welcoming all

sections of society to join as police officers and for them to realise their full
potential in finding career satisfaction in the many policing roles that are on
offer.

2.1.3 As an employer, Police Forces are responsible for ensuring that all officers
are treated fairly and with dignity and respect in the workplace.

2.1.4 This document intends to promote operational effectiveness, while

minimising misunderstandings, discrimination or prejudice in line with UK legal
and organisational requirements.

2.1.5 Policing can present dangerous, demanding and rapidly changing

circumstances, particularly in public order and firearms situations. To meet
these requirements, there may be occasions where individuals need to be
protected with equipment in the interests of their own safety and that of their
colleagues. In these specific roles, there are increased risks that require a
higher level of personal protective equipment to be issued to officers for use in
both training and operational deployments.

2.1.6 In general, religion is respected as a private matter. All Police Forces

have recognised that to harness and promote individual difference and remove
barriers from joining the service then the practising of religious observance -
such as the wearing of a turban by Sikh officers as part of their uniform - is
appropriate, subject to operational effectiveness and health and safety
requirements.

2.2 Background

2.2.1 Managers need to have an understanding and recognition of faith issues

to ensure that support can be given to individuals within the workplace, who in
turn are expected to recognise the operational and business needs of the
organisation.

2.2.2 The United Kingdom has the largest population of Sikhs outside of India,
who have their origins in the Indian subcontinent. Sikhism was founded 500
years ago in the Punjab region of north-west India, and the religion is very
closely linked to the military history of the region. Sikh migration to the United

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Kingdom began in the second half of the 19th Century and rose sharply in the
post-war period. The largest Sikh communities found outside India are in the
UK, United States, Malaysia and Australia.

2.2.3 Sikhs believe in one God and equality for all. The word “Sikh” means
pupil or discipline.

2.2.4 Amritdharis Sikhs are those individuals who have been formally baptised
and are required to adhere to a code of conduct enjoined upon them at the
time of baptism and keep the 5 Ks. However, Sikhs who are not baptised may
also choose to wear any or all of the below 5 Ks, which are explained as
follows:

• Kesh – uncut hair, observant Sikhs will not cut or trim their hair (This
symbolises the uniqueness and identity of the faith)
• Kangha – a small wooden comb usually worn in the hair (Worn for
hygiene reasons)
• Kara - a steel bracelet worn on the wrist (A symbol of brotherhood and
unity amongst Sikhs)
• Kachhahera – knee length shorts (Traditionally worn at times of battle
enabling ease of movement in combat)
• Kirpan – a short sword (A symbol of spirituality and defence of those in
need)

2.2.5 The balance for Police Forces, as employers, is to ensure Sikh officers are
able to observe their faith, whilst balancing this against operational
requirements, which is crucial in maintaining public confidence in the service,
through whom officers are the most visible representatives.

2.3 Legislation

Any guidance must take account of employment legislation and below are
detailed the most relevant references:

2.3.1 The Employment Equality (Religion & Belief) Regulations 2003

This regulation provides the religion and belief elements of the European
Employment Framework Directive and implements them into UK legislation.
These regulations came into force in 2003 and make it unlawful to discriminate
against personnel on the grounds of religion or belief.

The regulations apply to employment, including recruitment, terms and

conditions of service, promotions, transfers, dismissals and vocational training.
They also make it unlawful to directly or indirectly discriminate, harass or
victimise an individual in relation to the provision of references.

Although forces have been practising policies that respect an individual’s

religion or belief for some time, the new regulations make discrimination on the
grounds of religion or belief unlawful and give individuals a right to bring
Employment Tribunal claims for breaches.

A headwear policy for personnel may inadvertently impact on Sikh officers who
wear turbans in respect of public order or firearms duties. However, where
there is a legitimate aim in relation to health and safety reasons, making a
requirement for officers to wear protective headwear - this may prevent some
Sikhs who wear a turban from taking part in this activity. This may be a
proportionate means of achieving this legitimate aim.

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However, care should be taken to ensure that force policies and practices do
not have an unintentional adverse impact on those of a particular religion or
belief, and therefore, reasonable adjustments should be considered by
managers.

2.3.2 The Human Rights Act 1998 & Articles of the European Convention

The European Convention of Human Rights (ECHR) was incorporated into UK

domestic law with the enactment of the Human Rights Act 1998. Under ECHR,
all public authorities have a positive obligation to ensure that the rights and
freedoms guaranteed by the European Convention are protected. The term
“public authority” extends to all police forces. The Act commenced in 2000 and
places a positive duty on public authorities to respect and uphold the Human
Rights of all citizens. The main articles that can be considered are as follows:

Article 9 – Freedom of Thought, Conscience and Religion - This right has the
objective of ensuring the freedom of religion should be enjoyed in a democratic
country and no discrimination or legal penalty should be held against an
individual who holds religious beliefs

Article 14 – Prohibition of Discrimination - Employees have the right to expect

equality of treatment in respect of religion

These articles are qualified rights, which define the right as requiring a balance
between the rights of the individual and the wider community or state interest.
Interference of a qualified right is only permissible when the action is in
accordance with the law, is necessary in a democratic society, and is in pursuit
of a legitimate aim as specifically set out in the article, such as the protection
of health and safety.

2.3.3 Corporate Manslaughter & Corporate Homicide Act 2007

This Act provides for a new offence called “corporate manslaughter” in England,
Wales and Northern Ireland, and “corporate homicide” in Scotland. Under
section 1 of the Act, an organisation is guilty of an offence if the way in which
its activities are managed or organised:

a) Causes a person’s death; and

b) Amounts to a gross breach of a relevant duty of care owed by the
organisation to the deceased

The organisation is guilty of an offence only if the way in which its activities are
managed or organised by its senior management is a substantial element in the
breach referred to in the Act.

2.3.4 Health & Safety at Work Act 1974, Management of Health & Safety at
Work Regulations 1992 and Personal Protective Equipment at Work Regulations
1992

These Acts, which police forces have a legal duty to comply with, ensures
employers consider the health and safety of employees in the workplace, which
is carried out via a risk assessment. Risk assessments will:

a) Identify and assess the risks arising from work activities to workers and
anyone else by workplace activities

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 b) Determine what measures are required to ensure safe workplace and
safe working practices to comply with legal duties

This Act and regulations determine that if there is a risk of head injury, then
this could be controlled by ensuring employees have suitable head protection
while at work. The law sets out a hierarchy of control measures, such as
removing or controlling the risk of injury with the requirement to provide
protection for employees considered as a last resort.

Employers who decide to protect their employees from head injury by using
only head protection will need to show that it was not reasonably practicable to
remove or control the risk by other means.

2.4 Operational Framework

2.4.1 Due to the heightened risks associated with public order and firearms
duties, both specialisms are subject to national standards defined by ACPO
guidance and codes of practice. Both roles require specific training and frequent
refresher training in order for officers to maintain their accreditation for
operational deployments within their force areas as well as other forces as part
of mutual aid requirements.

2.4.2 For all forces, with variance for the PSNI, becoming an Authorised
Firearms Officer is a voluntary role, whereas for Public Support Unit duties
many forces accept volunteers to fill these roles. Some forces, however,
currently mandate that all, or all uniformed officers, are trained to national
standards.

2.4.3 While the unique and challenging incidents that public order and firearms
officers may find themselves deployed to are part of this policing activity, it
should always be borne in mind that the employer/employee relationship under
UK legislation is still relevant and risk assessments are essential in mitigating
dangers to officers.

2.4.4 Public order duties (level 1 & 2, see below) and firearms roles require
specialist headwear to be worn in both training and operational environments.
Protective headwear is worn to ensure the legitimate aim of ensuring individual
and team safety.

2.5 Public Order Capabilities & Standards

2.5.1 Officers are currently trained to three levels of capability before being
deployed to public order situations. Officers deployed outside their own force as
part of mutual aid arrangements must be trained to the level 1 or 2 standard.

Level 1 – Officers with the highest level of public order training who wear
protective helmets as part of their range of capabilities. These officers receive
regular refresher training and are trained in additional specialist tactics.

Level 2 – Officers are trained in the national common minimum standards of

public order tactics and are required to wear protective headwear.

Level 3 – Operational officers with a basic awareness of public order tactics,

which are conducted in normal uniform.

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2.5.2 Public Order Officers are also required to follow a code of dress for public
order duties commensurate with the risk assessment for planned or
spontaneous events and incidents.

These codes of dress are for public order officers, which should not be confused
with levels of training, and are as follows:

Code 1 – Full personal protective equipment, including helmet, fire protective

hood and wrist cuffs, body armour, shoulder, arm, thigh and shin pad
protection, specialist boots, flameproof overall.

Code 2 – All the above personal protective equipment, but with normal duty
headwear and typically normal duty jacket or fluorescent bib.

Code 3 – Normal duty uniform, worn by public order trained officers

2.6 Options Considered

2.6.1 Three options have been considered in respect of this issue:

1. Wearing of a cloth turban in public order and firearms duties –

Following consultation with the Health and Safety Executive, it has been
established that a cloth turban does not offer the level of protection
required for either training or operational deployments and exposure to
such risk would lead to breaches of legislation.

2. Specially developed protective headwear for Sikh officers who

wear a turban – although recommended for future exploration this
item is not currently available.

3. Wearing the existing issued protective helmet for public

order/firearms duties – this is the supported option currently
available

2.6.2 There is a need for balancing the religious needs of the individual with the
requirements for health and safety. Managers should be cognisant of the need
to understand this issue, whilst ensuring that support is given to officers and
that, at no time, should the individual be expected to, or be faced with, the
requirement to alter their observance of their faith.

2.7 Guidance for Managers

2.7.1 No requirement or agreement should be made for Sikh officers who wear
a turban to conduct firearms or public order (level 1 or 2) duties with any form
of disclaimer around injury as this will expose the relevant force to a breach of
Health & Safety legislation.

2.7.2 Currently, there is no protective headwear for public order or firearms

that is specifically designed for turban wearing Sikh officers.

2.7.3 There is an option for Sikh officers who wear a turban to wear a patka
(smaller head covering) under existing specialist headwear, however, this is a
matter of choice for the individual and should not be directed by managers.

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2.7.4 The following flowcharts demonstrate how these issues can be
considered:

2.7.5 Firearms – Sikh police officer who wears a turban requests to be

considered or applies for firearms duties

2.7.6 Public Order – Sikh Police Officer who wears a turban is mandated to
complete Public Order duties (Level 2) in line with their force policy

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2.7.7 Sikh Police Officer who wears a turban volunteers for Public Order duties
(Level 1 & 2)

2.8 Further Considerations

2.11.1 Forces may wish to consider explaining the balance between individual
religious/faith requirements for Sikhs and operational policing requirements in
information about the role of officers and special constables at the point of
recruitment. This will ensure individuals are fully aware of the support and
requirements around this issue, as well as the avenues that are still available
with forces for career progression and promotion.

2.9 Questions and Answers

Q: Will my unwillingness to remove my turban lead to discrimination by

the force?

A: No. The decision for religion/faith to be respected within the workplace is

protected by the law and managers will ensure that positive action is taken to
ensure this is in place.

Q: Do I need to remove my turban for operational duties?

A: No. The wearing of the turban in normal uniform/plain clothes duties is

permitted and encouraged by Sikh officers if they so choose, the guidance
regarding Personal Protective Equipment is only of relevance in duties such as
public order (Levels 1 & 2) and firearms duties where the risks associated with
the role are controlled by the wearing of a specialist helmet.

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Q: Will wearing a turban have an effect upon my promotion and
progression with the Police Service?

A: Although taking part in public order & firearms duties may give additional
experience and skills to officers, there is no requirement for this to be
completed as part of any promotion examinations or interviews.

Q: Will I be forced to remove my turban by managers?

A: No. Under no circumstances will Sikh officers who wear turbans be asked to
remove them for operational requirements, the choice will be made by the
individual, with no pressure to change by managers.

Q: Would declaring my principles of religious/faith observance around

the turban effect my chances of being employed as an officer with
Police Forces?

A: No. This would not form part of any interview process and the rights of
fairness are protected by legislation. The Police Service is an equal
opportunities employer and positively promotes the inclusion of all
communities. Success at interview would depend on achieving the competences
required.

Q: Could my progress as a student officer be hindered by not taking

part in Level 2 public order training or deployments as mandated by
the force, as my observance of my religion/faith does not permit me to
remove my turban?

A: No. This guidance sets out clear procedures in respect of this and there is no
requirement that such duties are completed as part of the student officer
programme.

Q: Could Sikh officer recruitment be affected by the guidance

recommendations?

A: No. This guidance will give clarity to officers and managers on the issue to
ensure that legislative protection and operational requirements are clearly
defined and the reasons for these requirements are explained.

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 SECTION 3 – References

1. ACPO/NPIA Manual of Guidance on the Management, Command and

Deployment of Armed Officers (2009)
2. ACPO/NPIA Guidance on Public Order & Public Safety (2010)
3. CHMIC Adapting to Protest – Nurturing the British Model of Policing
(2009)
4. Head Protection for Sikhs wearing Turbans – Guidance for Employers.
Health and Safety Executive Guidance (1998)

Consultation:

Strategic Steering Group

HH Judge (ret.) Sir Mota Singh, QC

Mr Ranjit Singh, OBE – President of the Sikh Forum International
Lord Tarsem King of West Bromwich
Mr Parmjit Dhanda, MP for Gloucester

Working Group

British Sikh Police Association

Metropolitan Police Staff Association
West Midlands Black and Asian Police Association

With thanks to:

Mr Rob Marris, MP for Wolverhampton South West and Chair of the All Party
Parliamentary Group for UK Sikhs

Agencies

Prison Service
Ministry of Defence
Health and Safety Executive
South Yorkshire Fire and Rescue
Home Office Scientific Development Board
Human Rights and Equalities Commission
Yorkshire Ambulance Service
All UK Home Office and Non-Home Office Police Forces

Sikh Police Officer Questionnaire

The confidential and anonymous Online Colleague Opinion Survey (2010) was
sent to over 400 Sikh Police Officers in forces across England and Wales. For
further details of this survey, please contact the Uniformed Operation BA staff
officer.

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 SECTION C - ACPO EQUALITY IMPACT ASSESSMENT TEMPLATE
(DIVERSITY AUDIT) AS AGREED WITH THE CRE

C1. Identify all aims of the guidance/advice

C.1.1 Identify the aims and projected outcomes of the guidance/advice:

This ACPO guidance has been developed to provide clarity in relation to Sikh
Police Officers who wear turbans in respect of firearms and public order roles.
The guidance provides a foundation to encourage understanding and dialogue
between managers and Sikh Police Officers and to support individuals who should
be afforded choice around options for access to specialist units.

C.1.2 Which individuals and organisations are likely to have an interest

in or likely to be affected by the proposal?
Turban wearing Sikh Police Officers, all police forces in their personnel and
recruitment policies, police managers, staff associations (Federation,
Metropolitan Police Sikh Association, British Sikh Police Association, West
Midlands Black and Asian Police Association etc)

C2. Consider the evidence

C.2.1 What relevant quantitative data has been considered?

Age
Disability
Gender
Race
Religion / Belief An online survey was sent to over 400 Sikh Police Officers
throughout England and Wales in order to gain their views
as well as express issues and concerns around the wearing
of the turban and likely routes of resolving the issues around
access to specialist roles, career progression and retention.
As of 27th January, 292 officers had responded to this
survey. An evaluation of the results of the survey will take
place and will be sent to the ACPO Equality, Diversity and
Human Rights BA to inform further work around Sikh issues
within the Police Service.
Sexual Orientation
C.2.2 What relevant qualitative information has been considered?
Age
Disability
Gender
Race

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 Religion / Belief As part of the project a strategic steering group and a
working group were established to gain the views and
counsel of those with a clear interest in the area of Sikh
issues and the Turban.

The strategic group included, Lord Tarsem King of West

Bromwich, Mr Ranjit Singh – President of the Sikh Forum
International, HH Judge (ret.) Sir Mota Singh, QC, Mr
Parmjit Dhanda, MP for Gloucester.

The working group included representatives from the

Metropolitan Police Sikh Association, the British Sikh Police
Association and the West Midlands Black and Asian Police
Association.

Consultation was also made with the Health and Safety

Executive, Human Rights and Equalities Commission, the
Ministry of Defence, Fire Service, Ambulance Service, Prison
Service, all UK Police Forces (Home Office and Non-Home
Office) on legal, policy and support issues.

Consultation with the Home Office Scientific Development

Branch was made in respect of technical issues.

Consultation and advice was sought from Mr Rob Marris, MP,

who is chair of the All Party Parliamentary Group for UK
Sikhs.
Sexual Orientation
C.2.3 What gaps in data/information were identified?
Age
Disability
Gender
Race
Religion / Belief It was clear that the largest gap was a lack of guidance for
forces/managers on this issue, which had resulted in several
employment tribunals being pursued as well as poor
treatment of Turban wearing Sikh officers due to lack of
understanding or processes.
Sexual Orientation
C.2.4 What consideration has been given to commissioning research?
Age
Disability
Gender
Race
Religion / Belief Past research commissioned by the West Midlands Police and
Metropolitan Police informed some of the current project
work. The results of the Sikh officer survey will inform future
projects by ACPO/NPIA.
Sexual Orientation

C3. Assess likely impact

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C.3.1 From the analysis of data and information has any potential for
differential/adverse impact been identified?
Age
Disability
Gender
Race
Religion / Belief Although there will still be cases where Turban wearing Sikh
police officers will be prevented from Public Order and
Firearms duties, this guidance fully explains the reasons for
this as well as giving practical support for both officer and
manager. This guidance gives a proportionate response to a
matter that is extremely pertinent to some officers and
should be respected in balancing individual needs and
organisational operational requirements.
Sexual Orientation
C.3.2 If yes explain any intentional impact:
Age
Disability
Gender
Race
Religion / Belief The guidance will ensure that all forces implement policies
which are in line with the law as well as ensuring the safety
of officers and staff who may be required or volunteer for
certain specialist duties. Although not the intention of the
policy to exclude any officer, it is clear that some officers will
not be able to perform such duties in line with this policy.
Sexual Orientation
C.3.3 If yes explain what impact was discovered which you feel is
justifiable in order to achieve the overall proposal aims. Please
provide examples:
Age
Disability
Gender
Race
Religion / Belief The guidance is built on the legal requirements for
organisations under the Health and Safety at Work Act 1974
as well as specific guidance related to Sikh employees.
Liabilities and risks to forces from non compliance with this
law may bring prosecution as well as consideration under
the Corporate Manslaughter Act.
In contrast the Human Rights Act gives many rights around
freedom of expression to the individual and an expectation
that these should be respected by forces.
This Guidance intends to bring together the rights of the
individual and the requirements of forces under the law to
try and establish an equitable and fair way of dealing with a
sensitive issue.
Sexual Orientation
C.3.4 Are there any other factors that might help to explain differential
/adverse impact?
Age
Disability
Gender
Race
Religion / Belief N/A
Sexual Orientation

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C4. Consider alternatives

C.4.1 Summarise what changes have been made to the proposal to

remove or reduce the potential for differential/adverse impact:
Due to the current technical limitations to consider the design and issue of a
bespoke helmet to cover a Turban, this Guidance intends to ensure that
procedures are adopted around the current equipment available to forces.
C.4.2 Summarise changes to the proposal to remove or reduce the
potential for differential/adverse impact that were considered but
not implemented and explain why this was the case:
Two considerations were made: firstly, that Turban wearing Sikh officer should
only have to wear a cloth turban for public order and firearms duties. This was
identified as illegal by the Health and Safety Executive and would expose forces
to breaches under the Health and Safety at Work Act 1974 and the Corporate
Manslaughter Act.
Secondly, a specially designed helmet to cover the Turban was considered,
however, this does not currently exist or is in development.
C.4.3 If potential for differential/adverse impact remains explain why
implementation is justifiable in order to meet the wider proposal
aims:
The Guidance gives a proportionate response to the issue, but more importantly
ensures that officers are treated with respect for their choice by managers and
the limitations around equipment are explained, as well as the need for
protective equipment in the specialist roles of public order and firearms.
Technological advances in the future may assist with a reflection upon the
situation.

C5. Consult formally

C.5.1 Has the proposal been subject to consultation? If no, please

state why not. If yes, state which individuals and organisations
were consulted and what form the consultation took:

Age
Disability
Gender
Race
Religion / Belief Formal consultation with the project working group has
taken place and all groups broadly support it.
Sexual Orientation
C.5.2 What was the outcome of the consultation?
Age
Disability
Gender
Race
Religion / Belief Support for the proposed guidance
Sexual Orientation
C.5.3 Has the proposal been reviewed and/or amended in light of
the outcomes of consultation?
Yes, some amendments were made to the document, but nothing to the overall
options or decisions that underpin the document
C.5.4 Have the results of the consultation been fed back to the
consultees?
Yes, all consultees are in possession of the document, prior to CC cabinet.

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C6. Decide whether to adopt the proposal

C.6.1 Provide a statement outlining the findings of the impact

assessment process. If the proposal has been identified as
having a possibility to adversely impact upon diverse
communities, the statement should include justification for
the implementation:
This guidance will not adversely impact upon the Sikh community, but will give
clarification around the matter to both current and future officers around the
wearing of the Turban for certain specialist duties.

C7. Make Monitoring Arrangements

C.7.1 What consideration has been given to piloting the proposal?

No consideration has been given to piloting this proposal.
C.7.2 What monitoring will be implemented at a national level by
the proposal owning agency and/or other national agency?
Monitoring will take place with leading Sikh Police staff associations.
C.7.3 Is this proposal intended to be implemented by local agencies
that have a statutory duty to impact assess policies? If so, what
monitoring requirements are you placing on that agency?
N/A

C8. Publish Assessment Results

C.8.1 What form will the publication of the impact assessment take?

It is recommended that for publication on the ACPO website, the impact

assessment be attached to the completed document as the first appendix. On the
ACPO Intranet, the whole workbook will be attached to assist in the preparation
of local audits.

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