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Regulation 22, Annex H, Part 2 states that once they make the announcement that they are bringing in a new VSA then they cannot commence the VSA until at least 30 days after the announcement.
When the force publishes the shifts, Regualtion 22, Annex H, Part 3 states that they need to publish at least 3 months worth of the roster that includes rest days, public holidays, start and finish times and free days if you are part time
Working Time Regulations state all adult workers are entitled to one day off a week. Days off can be averaged over a two-week period, meaning you are entitled to two days off a fortnight.
PNB Circulars 85/9 and 86/2 record PNB Agreements relating to cancelled rest days or public holidays in anticipation of an operational need, for which in the event the Constable or Sergeant is not required to attend for duty.
Where more than 7 days’ notice is received that the member will not be required to work on the rest day/public holiday, the rest day/public holiday will be taken, with no compensation.
Where seven days’ notice or less is received of the cancelled duty requirement, the member may either choose to take the rest day/public holiday or work and claim the appropriate compensation as per Police Regulations.
However, if a member who is given less than seven days’ notice invokes a right to work, Legal Advice suggest there is no entitlement to work a full tour of duty or rostered shift on such days
Your right to a refreshment break is contained within Police Regulation 22 Annex E. This states that where an officer is on duty for a continuous period of 5 hours or more, they are entitled to a refreshment break, as far as exigencies of duty permit.
REST BREAKS AT WORK (Regulation 12)
This Regulation provides that where an adult worker’s daily working time is more than 6 hours, he/she is entitled to an uninterrupted rest break of not less than 20 minutes, and is entitled to spend it away from his/her work station (if there is one). Albeit subject to the exigencies of duty, the position under the Police Regulations 2003, in Annex E, which provides for a minimum 30 minute break on a sliding scale, is more favourable than this Working Time Regulation and, in most circumstances, should therefore prevail.
Regulation 22, Annex E
Less than 6 hours 30 minutes
6 hours or more, but less than 7 hours 35 minutes
7 hours or more, but less than 8 hours 40 minutes
8 hours or more, but less than 9 hours 45 minutes
9 hours or more, but less than 10 hours 50 minutes
10 hours or more 60 minutes
The Chief Officer shall cause to be published duty rosters for members of his/her force after full consultation with the Joint Branch Board at intervals not exceeding 12 months and not later than 1 month before the date in which it starts. Each roster will set out for at least 3 months the following:
Where alterations are made to an annual duty roster after its publication these changes must arise from the exigencies of duty (unless they are made at the officer’s own request or have otherwise been agreed with the joint branch board). The term exigencies of duty, should be interpreted as relating to situations where a pressing demand, need or requirement is perceived that is not reasonably avoidable and necessitates a change of roster. In this context the word, pressing, relates to the expected situation at the time when the duty is to be performed rather than the time when the duty roster is changed, i.e. the reasons for a change may be known many months in advance but still be pressing.
Changes to rosters should only be made after full consideration of welfare, operational and practical circumstances rather than purely on financial grounds. Because rosters are produced annually a number of unforeseen reasons for changes may subsequently arise. It is clearly not possible to produce an exhaustive list of all of the potential reasons, which may necessitate changes. However, by way of example, unforeseen public order situations, court attendance and essential training would justify changes to rostered duties. An officer should be told as soon as the requirement for the change is known and at the latest, by midnight on the calendar day before the changed period of duty commences.
If you work overtime after hours on your scheduled tour of duty, and you were not informed of the overtime prior to the commencement of this tour of duty, it is classed as unplanned overtime and you cannot claim overtime for the first 30 minutes worked.
For example, if your tour of duty is 14.30 x 22.30, you cannot claim overtime until 23.00. Any overtime you claim after that is at time and a third, for payment, or if you wish to claim time off, for the overtime, then for every completed 15 minutes, you are entitled to claim 1 unit and for every 3 units you work, you are given 1 bonus unit.
If you work unplanned overtime on 4 occasions during the same week then on the 5th and any other occasion in which you may have to work overtime you no longer lose the first half hour for the rest of that week.
If you were asked to work overtime prior to the commencement of your tour of duty this is planned overtime and you do not lose the first half an hour when calculating how much time you have worked over.
You will be entitled to the following:
Recalled for 1 day or 2 days an additional 2 days annual leave for each day recalled or 1 days annual leave & 1 days pay at double time, for each day.
Recalled for 3 days or more As above for the first two days then 1 ½ days annual leave or 1-day annual leave & half days pay at double time in lieu of each such day recalled thereafter.
Regulation 33 covers the above. Annex 0, Paragraph 5(a) of Police Regulations and Determinations 2003, which goes on to say under Paragraph 5(b);
This paragraph applies to a period of absence from duty of 3 or more days, where at least one of the days is a day of annual leave and the other days, if not days of annual leave, are rostered rest days, days taken in lieu of overtime, public holidays (or days taken off in lieu thereof) or monthly leave days, or any combination thereof.
Under PNB Circular No.03/15 - The above compensation also applies to officers actually recalled from annual leave, but also to annual leave that has been pre-booked/scheduled.
Travel time between home and your usual place of duty is generally not duty time.
Such travel time shall only be treated as a period of duty when you are:
In calculating any period of overtime in respect of being recalled between two tours of duty, an officer can only claim for the time worked plus travelling time (1 hour). The minimum of 4 hours pay for a recall to duty has been abolished.
Where the time at which an officer is due to commence a rostered tour of duty is brought forward without due notice (less than 8 hours) so that they are required to commence duty on a day in which they have already completed their normal period of duty. The time for which they are on duty before the rostered commencement time shall be reckonable as overtime and also taken into account as part of that tour of duty. The force day commences at 7 A.M.
If you are given more than 8 hours notice of the duty change then your working day merely starts at the new time. If the time you are brought on at is before 7 A.M. following a period of rest days then you will be eligible to claim rest day over time (minimum 4 hours).
When an officers rest day is cancelled in anticipation of an operational need for which in any event he/she is not required to attend for duty:
Where the officer is told with more than 7 days (and less than 15 days) notice that he/she will not after all be required to work on his/her rest day, he/she will take the rest day with no compensation. Where the officer is given less than 8 days notice he/she can choose between taking the rest day with no compensation or working on the rest day with compensation in accordance with police regulations.
A police officer may take time off because of the unexpected disruption or termination of arrangements for the care of a dependant, or
To deal with an incident which involves a child of the member and which occurs unexpectedly in a period during which an educational establishment, which the child attends, is responsible for him/her.
Leave taken as time off for dependants shall be treated as duty, but does not apply unless the member tells his/her chief officer the reason for his/her absence as soon as reasonably practicable. Best practice would be to inform a line supervisor of your circumstances ASAP after you become aware of it.
A “dependant” means, in relation to a member of a police force:
a) a spouse,
b) a child,
c) a parent,
d) a person who lives in the same household as the member, otherwise than by reason of being his employee, tenant, lodger or boarder.
This also covers when a dependant falls ill, gives birth or is injured or assaulted or in consequence of the death of a dependant.
Working on a bank holiday will always be paid at the rate of DOUBLE TIME whether for payment or time off. This also applies to part time working officers.
When a bank holiday falls on a rest day, the bank holiday always take precedence, the rest day MUST be re-rostered to another day (after consultation with the officer) The re-rostered day is a rest day and all conditions applying to rest days apply to it. Should the officer then be required to work on the bank holiday he/she would get paid or have time off at the rate of double time, (officers choice)
If an officer is informed that he/she is required to work on a bank holiday with less than 8 days notice, then in addition to getting paid double time for the bank holiday (or time off) he/she would also be entitled to another day off which shall be notified to him/her within 4 days of notification of the requirement and which shall be treated for the purpose of this regulation as a bank holiday.
The authority of an Assistant Chief Constable is required for officers to work on a PHL with less than 15 days notice
A member of a police force of the rank of constable or sergeant shall, if required to do duty on a day, which is a rostered rest day, be granted:
Where he/she receives less than 15 days notice of the requirement, payment or time off (officers choice) at the rate of time and a half.
Please note when working out the day's notice you do not count the day you were asked or the day you are to work.
For further information please read the Part Time working document
Where an officer is required to duty on a public holiday or on a rostered rest day his/her period of duty shall include the time occupied by him/her travelling to & from his/her place of duty. This will be disregarded where the period of duty exceeds 6 hours.
Travelling expenses may also be claimed, for the journey, this ceases when there is no travel time included in the overtime.
Changes to the arrangements for officers serving away from their normal place of duty (including on 'mutual aid' in another force area):
The Secretary of State's approval for the existing mutual aid arrangements set out in PNB circulars 86/15, 88/9 and 95/8 (often known as the 'Hertfordshire agreement') is withdrawn. Officers on mutual aid should now be paid in accordance with the determinations for the hours they work, including where applicable overtime and travelling time.
Officers from the rank of constable to chief inspector will receive an additional 10 per cent of their basic pay for all hours worked between 8.00pm and 6.00am, including overtime. This payment is not pensionable and should be paid for each full hour actually worked. Where overtime is worked between 8.00pm and 6.00pm, the rate of the allowance is still 10 per cent of basic pay, not 10 per cent of the overtime rate. The allowance is paid in full in respect of each full hour worked – the 'Queen's half hour' is not excluded.