What can you tell me about the entitlement to overtime?
Overtime is potentially payable when:
• You remain on duty after your tour of duty ends,
• When you are recalled between two tours of duty, or
• You are required to begin earlier than the rostered time without due notice (less than 8 hours before the new start time) and on a day when you have already completed your normal daily period of duty.
Where you are informed at or before the commencement of your tour that you will be required to remain on duty after the tour ends there will be no requirement to deduct the first half hour of any overtime worked.
Where you are not informed at the commencement of your tour of duty that you will be required to remain on duty after the tour of duty ends then, on the first four occasions in any week, the first 30 minutes of any overtime worked is to be disregarded in calculating the overtime allowance to which you are entitled. This now applies whether the overtime is submitted for payment or time off in lieu.
Compensation for duty on a rostered rest day:
Where you are required to do duty on a rostered rest day you are entitled to:
• Less than fifteen days' notice - compensation at the rate of time and one half. The choice of being paid or taking the time in lieu is an individual choice and cannot be imposed.
• On fifteen days' notice or more - another rest day which should be notified to you within four days of notification of the requirement to work.
The compensation will be for a minimum of four hours (except where the period worked is for less than one hour and it immediately follows a period for which you were on duty for a normal period of duty in the preceding Force day). A re-rostered rest day is subject to rest day compensation if there is a requirement to work on that day. When calculating the number of days' notice given, disregard both the day on which the requirement was notified and the day on which you are being required to do duty.
(Reg. 25 & Annex G - Police Regulations)
Where an individual works a paid rest day which is greater than 4 hours in length but less than 6 hours in total they may claim an additional hour to cover their travelling time (does not apply when working into a rest day after a night shift)
What is a Recall to duty?
If an officer is recalled to duty between two tours of duty then overtime at time and a third for the hours worked can be claimed, plus travelling time to and from work, up to a maximum of 1 hour. A recall to duty is when an officer is required to return to work between two rostered shifts i.e. a call out.
What happens if I am required to start my rostered duty earlier?
Where an officer is required to start earlier than his rostered tour of duty, without due notice, so that he starts on a day when he has already completed a tour of duty, then the time he works between the new start time and the original start time shall be reckonable as overtime, and shall be taken into account as part of that duty. Due notice means notice given at least 8 hours before the revised start time. Para 25 (2)
An officer works 9am to 5pm on Monday and is scheduled to work 9am to 5pm on Tuesday. He is given less than 8 hours notice that he is to work 4am to 12 noon on Tuesday and in this example he was told after 8pm on the Monday. The Police Day is 7am to 7am. Therefore, the police 'day' on Monday starts at 7am and finishes at 7am on Tuesday. By starting at 4am he is beginning a shift on a day when he has already worked. He gets overtime from the beginning of his new shift - 4am - until 9am, which was his original rostered start time. This is claimed at a third time - as he is already being paid for the period 4am to 9am as it is part of his new duty for that day. Any time worked beyond 12 noon, i.e. once he has done an 8-hour shift (4am to 12 noon) that day, is overtime and claimed as either casual or pre-planned as appropriate.
Compensation for duty on a public holiday:
Where you are required to do duty on a public holiday you shall be granted:
Where less than eight days' notice is received:
Payment of double time; and another day off in lieu.
This day should be notified within four days of the notification of the requirement to work, and the lieu day will be treated, as a public holiday should there be a requirement to work on that day. In any other case, an allowance at the appropriate rate, i.e. double time.
(Reg. 26 & Annex G - Police Regulations).
How many days can I work in one go?
Regulation 22, Annex E, Police Regulations and Determinations 2003 makes it quite clear that there is to be an interval between each of an officer's rostered rest days not exceeding 7 days, unless in the case of a part-time member or a longer interval has been agreed between the member and the chief officer. In addition to this, a period of more than 7 days can be worked "owing to the exigencies of duty" (Annex E 3 f).
I have had to return from Annual Leave to attend court, what can I claim?
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 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.
My rest day was cancelled for an operational reason; I am now no longer required to work on that day as they have scaled the operation down, what am I entitled to?
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 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.
What is a lawful order?
You can be required to carry out all lawful orders and must at all times punctually and promptly perform all the appointed duties and attend to all matters within the scope of your office as a Constable.
(Reg. 20 - Police Regulations & Standards of Professional Behaviour, Police Conduct Regulations)
An order is generally lawful provided that it is for police purposes and would not render you liable to any criminal, civil or disciplinary action. In case of doubt, contact your local Federation representative.
You can be required to perform overtime by an officer of a higher rank.
Work, which you may not be required to perform.
It would generally be unlawful to require you to undertake:
i. the regular cleaning or any part of the cleaning of a particular Police Station, and
ii. any other work not connected with police duty.
What about my entitlement to a meal break?
In Police Regulations the normal daily period of duty (including refreshments) is 8 hours. As far as the exigencies of duty permit the normal daily period of duty shall be performed in one tour, with an interval of 45 minutes for refreshments, except when a half-day's annual leave is taken.
Police Regulations also provide for variable shift arrangements, such as the one some officers work in Leicestershire.
Where an officer works in accordance with variable shift arrangement is on duty for a continuous period of 5 hours or more, time for refreshments shall as far as exigencies of duty permit be allowed as follows:
Number of Hours Refreshment Time
Less than 6 30 minutes
6 ~ 7 hours 35 minutes
7 ~ 8 hours 40 minutes
8 ~ 9 hours 45 minutes
9 ~ 10 hours 50 minutes
10 hours or more 60 minutes