FAQ's

An officer who is unfit for duty through sickness whilst on a period of annual leave can claim the leave back..  You can claim back annual leave retrospectively but this is NOT allowed with TOIL or Freed Days. You must notify the force that you are sick BEFORE the day you have TOIL booked.  The day can then be reallocated.

Please ensure that you follow force procedures which can be found on Sharepoint

If you find yourself working past 07.00hrs. into a booked annual leave day that is in a set of 3 days off in total, the section on Working on Annual Leave should be followed.

There is no first hour rule as there is with working into a rest day. The moment you pass 07.00hrs, the appropriate compensation applies.

If you have booked a single day, or have less than 3 days off in total,  the compensation described above does not apply. It is not a rest day, so that compensation does not apply either. There is no minimum four hours. You will get overtime at time and one third in these circumstances

               Pay point With effect from 1 September 2017
   0                                                    £19,971 (b, c)  
   1  £23,124 (d)  
   2  £24,171 (e)  
   3  £25,224  
   4  £26,277  
   5  £28,380  
   6  £32,616  
   7  £38,382  

 

(a) All officers move to this salary point on completion of two years' service as a constable.

(b) Entry point for an officer appointed in the rank of constable, however:

   (i) The chief officer of police may, after consultation with the local policing body, assign any officer to pay point 1 on the basis of local recruitment needs or the possession of a policing qualification or relevant experience other than those specified in sub-paragraph (ii) of this note; and

   (ii) The chief officer of police shall assign to pay point 1 any officer who:

      1. Possesses a policing qualification as defined by the chief officer after consultation with the local policing body;

      2. Was, prior to appointment, serving as a special constable who has been assessed and has achieved ‘safe and lawful’ attainment to national standards, or the equivalent as specified by the chief officer;

      3. Was, prior to appointment, serving as a police community support officer who has been signed off as competent to perform independent patrol and who has served a minimum of 18 months in the role.

(c) The salary paid to an officer at pay point 0 shall be as determined by the chief officer of police, after consultation with the local policing body, based on local recruitment needs or the possession of a policing qualification or relevant experience other than those specified in sub-paragraph (ii) of note (c) above.

(d) On completion of initial training, an officer who entered at pay point 0 will move to pay point 1.

(e) All officers will move to pay point 2 after 12 months at pay point 1 and progression will continue to be at a rate of one pay point per 12 months of service thereafter. Read about the introduction of assessments at pay point 4.

 

WORKING TIME REGULATIONS

 

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.

 

Refreshment breaks; when should they be taken and how can a failure on the part of management to allow them to be challenged?

 

By reason of Regulation 12(1): “Where an adult worker’s daily working time is more than 6 hours, he is entitled to a rest break”.

 

There is provision that this rest break should be an uninterrupted period of not less than 20 minutes and be away from the worker’s “workstation” if he has one (Regulation 2(3)).

 

Importantly Regulation 12(2) provides: “The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement”.

 

We are advised that the Working Time Regulations right to a rest break for our members is likely to be 20 minutes. The question has been raised as to when the rest break should be taken. Whereas the Regulations are silent on this, we are advised it is to be anticipated that it should be taken in circumstances where the member works no more than 6 hours without enjoying a rest break. If, therefore, there is a rostered tour of duty of 8 hours, then it will be inappropriate for the WTR rest break of 20 minutes to occur earlier than after 1 hour 40 minutes of the tour (though, of course, members remain entitled, subject to the exigencies of duty, to 45 minutes rest break). If the rest break is, for instance, taken at the beginning of the 8th hour of the tour then the member will have been required to work 7 hours without a rest break and we advise that this is likely to be viewed as contrary to the spirit (if not the letter) of the Working Time Regulations.

 

It has been reported that in some Forces there are regular breaches of the provisions of Regulation 12 of the Working Time Regulations. The question was raised as to how this entitlement can be enforced.

 

A member may present a complaint to an Employment Tribunal that the Chief Officer has refused to permit him to exercise any right he has under Regulation 12 (a rest break provision). Such a complaint must be filed within 3 months less one day of the date it is alleged the exercise of the right should have been permitted. This is not a complaint that there is a breach of Regulation 12 but rather a complaint that there has been a refusal on the part of the employer “to permit” the member to exercise that right.

 

We are therefore advised that where there are concerns that these rights are being breached, members should notify in writing their supervising officer that they wish to insist on their entitlement to a rest break in accordance with the terms of the Working Time Regulations and seek their proposals to ensure that these provisions can be complied with. There is of course scope for the entitlement to be disapplied either by way of agreement between the Joint Branch Board and the Chief Officer (or by reference to one of the special cases under Regulation 21) but in both instances, there is a requirement for compensatory rest (or protection as may be appropriate in order to safeguard the worker’s health and safety).

 

 

 

An example of a successful complaint of a breach of regulation 12 is the decision of the Employment Tribunal in Roberts v Chief Constable of North Wales,

 

While tribunal decisions are not binding on other tribunals and cases will be affected by their own facts, the following points are worthy of note:

 

1. The Tribunal accepted that the canteen within the custody suite was away from the Claimant’s work station;

 

2. the Tribunal attached significance to the fact that while it might have been possible retrospectively to identify periods in excess of 20 minutes during which the Claimant might have taken a break, this could not be done in advance;

 

3. The Tribunal applied the European cases on all call and concluded that the whole of the shift was working time;

 

4. The Tribunal rejected an argument that Regulation 18 might apply. It found there to be no “inevitable conflict”

 

5. The Tribunal found that Regulation 21 did apply but that the Force was still in breach because of the failure to provide compensatory rest.

 

It should however be noted that the Roberts decision was before the decision of the Court of Appeal, in Gallagher v Alpha Catering Services, where it was held that in considering regulation 21, it is necessary to focus on the worker’s activities rather than the needs of the employer, so as to avoid an employer being able to deliberately under-staff and then rely on the exclusion.

 

Full details on how to submit and FOI request can be made by clicking on the below link.

Please be aware that we do not take FOI requests via the website or social media as it is not constantly monitored.

 


http://www.polfed.org/aboutus/access_to_info.aspx

 

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.  This roster needs to be published with a months notice

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.

WORKING TIME REGULATIONS

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:

  • His/her rest days.
  • Public Holidays in which he/she may be required to do duty on.
  • The time at which his/her scheduled daily period of duty begins & end.
  • For part time members his/her free days.
  • Intervals of at least 11 hours between the end and the beginning of the next shift.
  • An interval between rostered rest days not exceeding 7 days.

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:

  • Required to perform your normal daily period of duty in more than our tour (Split Duty) Or
  • Recalled to work between two tours of duty and you travel to and from your home between tours.

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.

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):

  • these changes apply to those officers who are deployed away from their normal place of duty whether in or out of force
  • a new 'Away from home overnight' allowance of £50 will be introduced and will be payable for every night on which an officer is 'held in reserve'
  • an officer is 'held in reserve' if he or she is serving away from his or her normal place of duty and is required to stay in a particular, specified place rather than being allowed to return home. An officer is not 'held in reserve' if he or she is serving away from his or her normal place of duty only by reason of being on a training course or carrying out routine enquiries
  • payment of a new hardship allowance of £30 per night if 'proper accommodation' is not provided to an officer who is 'held in reserve'
  • the definition of 'proper accommodation' is a single occupancy room with use of en suite bathroom facilities

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.