Refreshment Breaks

Normal Daily Period of Duty: Reg 22 Annex E Determination

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.

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:

Where a normal duty period is performed in more than one hour and you do not travel to and from home between tours, an interval for refreshment and rest should normally be included at the beginning or end of one of those tours.

A 'day' means a period of 24 hours starting at such time as the chief officer may determine. The Force duty day starts at 06:00 hours dependent on your role, Local Policing Teams' duty day starts at 07:00 hours. 

Your right to a refreshment break

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.

Exigencies of service are a pressing need or requirement which cannot be reasonably avoided. However, this does not mean that refreshment breaks can be abused or ignored. 

Police Officers are paid for their refreshment break as they are required to remain available to return to duty. Regulations offer little protection when refreshment breaks are not taken or interrupted so we must rely on other legislation to assist, such as Working Time Regulations, as shown below.

It is Kent Federation's position that line mangers should allocate refreshment breaks and ensure that officers are able to take those breaks, subject to exigencies of duty.

Breaches of the Working Time Regulations can be dealt with by an Employment Tribunal or complaint to the Health and Safety Executive who can issue the Force with an improvement notice, or even prosecute the Force if the situation is not improved. 

CUSTODY OFFICERS

It is acknowledged that many custody officers do not get time to take a proper break away from the custody environment which is detrimental to their health and well-being. Under Police Regulation 22 Annex E your entitlement is laid out but is subject to 'exigency' of duty. During each tour of duty the management should have identified other qualified staff to cover Custody Officers during their refreshment breaks. A failure to plan should not be an 'exigency' of duty. 

Q. I do not know if anyone has been identified to relive me. What should I do?

A. At the start of your duty ask your line manager who is relieving you.

Q. I have been told that there is no one available. Is that an exigency?

A. No this was foreseeable and they should have made arrangements to cover you.

Q. I have been told to take my break within the custody suite. Do I have to?

A. No. The Working Time Regulations allow for you to leave your work station. 

Q. There is no other trained officer on duty. Can I still take a break?

A. Yes, unless this is an 'exigency' through unforeseen or unforeseeable events. The Working Time Regulations do not make an exception for this.

Q. I have told my line manager and recorded details but it is still regularly happening, what should I do?

A. Please contact your local Fed Rep. The local Fed Rep should ensure that management are taking action to resolve the issue. If it continues the force can be issued with an improvement notice. Individual cases can also be dealt with by way of an Employment Tribunal.