90 days from today is Sat, 14 December 2019

West Midlands Police Federation

West Midlands Police Federation contact details

Rostered Rest Days & Public Holidays

Rest Day and Public Holiday Working

The rest day and public holiday provisions are found in Regulation 26 and Annex H
of Police Regulations 2003.

Compensation for duty on a rostered rest day

Where constables and sergeants are required to do duty, or are recalled to duty, on
a rostered rest day they are entitled to:

Where less than 15 days’ notice is received - time and one half;

and

In any other case - another rest day which should be notified to the member
within four days of notification of the requirement to work.

If the period of duty carried out on the rest day is less than four hours, the
appropriate allowance will be paid for a minimum of four hours plus travel time (1 hour in West Midlands).

Travel time ceases if the duty exceeds 6 hours or more.

The only exception to this is where the member is retained on duty from a rostered
duty or rostered shift into a rest day and the period worked on the rest day is not
more than one hour of duty. In these circumstances the minimum four-hour payment
does not apply and the rest day time to be reimbursed counts as the number of 15
minute periods actually completed (there is no half hour disregard for casual
overtime).

A re-rostered rest day is subject to rest day compensation in the same way as a
normal rest day if there is a requirement to work on that day.

When calculating the number of days’ notice given, both the day on which the
requirement was notified and the day on which the member is required to do duty are
not counted.

Compensation for duty on a public holiday

When required to do duty on a public holiday constables and sergeants are entitled
to:

Where less than eight days’ notice is received – payment of double time plus
another day off in lieu, to be treated as a public holiday;

In any other case - payment at double time;

and

if the period of duty carried out on the public holiday is less than four hours,
the appropriate allowance will be paid for a minimum of four hours.

A requirement to work on a public holiday with less than 15 days’ notice must be
authorised by an officer of least assistant chief constable rank.

Public holiday substitution

Constables and sergeants may, with the approval of their chief officer, substitute a
day which is not a public holiday for any day which is a public holiday (as defined in
Regulation 3(1) of Police Regulations 2003), with the exception of Christmas Day.
Further information on this provision can be found in Annex E, paragraphs 4a (iii)-
(vii) of Police Regulations 2003 and JBB Circular 33/2012.

Work in excess of a tour or rostered shift on a rest day or public holiday

There is no entitlement to overtime on a rest day or a public holiday. All hours
worked attract the same level of rest day or public holiday working compensation.

Time off in lieu – rest day or public holiday

Members may choose to take time off in lieu of any time worked on a rest day or
public holiday. The amount of time off varies in accordance with the allowance
payable (e.g. if the allowance is double time, the time off is double).

Volunteering to work on a rest day or public holiday

If a member requests to work on a rostered rest day or public holiday the day shall
be treated as a normal duty day and the member will be granted another day off in
lieu, which shall be treated as a rest day or public holiday (as appropriate).

However, Home Office Circular 39/1985 states that responding to a management
request for volunteers should not be treated as a request by the officer concerned to
perform duty on the day in question. Therefore, in these circumstances the normal
compensation arrangements for rest day or public holiday working will apply.

Reinstatement of cancelled rest days and public holidays

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 seven 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
compensation in accordance with Police Regulations 2003.

Legal advice suggests there is no entitlement to work a full tour of duty or rostered shift on such days.

Telephone calls received whilst at home

Answering the telephone does not necessarily constitute a recall to duty and
therefore may not attract the minimum four hours’ rest day or public holiday
compensation provided in regulations.

If a constable or sergeant receives a call which requires necessary action or duty to
be performed, this may be a recall to duty, and the member may be eligible for
appropriate compensation.

Travelling time treated as duty

Subject to any reasonable limit imposed by the chief officer, travelling time to and
from duty on a rest day or public holiday may also count as duty for constables and
sergeants. It will not count from the point at which travelling time and the period of
duty exceeds six hours.

See also:

Annex E - Duty

Annex H - Public Holidays and Rest Days