Lincolnshire Police Federation

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Police Rules, Regulations & FAQs

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On this page you will find information on the various regulations and determinations which govern your terms and conditions of appointment.

 

Please see PFEW Quick Reference Guide HERE. This guide provides a basic summary of members’ main terms and conditions

 

Below is a list of questions and answers to your Frequently Asked Questions.

If you don't see the question or answer you are looking for on here , please contact a local workplace rep - their details can be found HERE

 

What is a lawful order?

When can I claim travelling time as duty time?

What is a Recall to duty?

I am being asked to change my duties at short notice, can they do that?

How many days can I work in one go?

What can you tell me about the entitlement to overtime?

Compensation for duty on a rostered rest day

What happens if I am required to start my rostered duty earlier?

Compensation for duty on a public holiday

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?

I worked a night shift (1900 x 0700) but was required to remain on duty until 09.00 which was into a pre booked single day of annual leave.  What am I entitled to?

Sickness whilst on TOIL

 I want to work part-time. Can I choose the hours I work?

Court Compensation - Claims Process

I have had to return from Annual Leave to attend court, what can I claim?

 I have had my AL cancelled, what am I entitled to?

Can I take AL in half days ?

My child's school was unexpectedly closed for the day & he was sent home, I couldn't arrange childcare, do I have to use annual leave or time out of the book to care for them?

What mileage can I claim when using my private vehicle for travel to work?

What about my entitlement to a meal break?

 

 I have been involved in a firearms incident.  What is the Federation advice?.

What contact can a Suspended officer have with their colleagues?

 

  


 

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. 

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 Area 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: 

  • the regular cleaning or any part of the cleaning of a particular Police Station, and any other work not connected with police duty

 When can I claim travelling time as duty time?

“Travelling time” treated as duty means time spent travelling to and from your home where:

  • You are required to perform your normal daily period of duty in more than one tour of duty, between two tours (split shift)
  • You are recalled to duty between two tours of duty, in consequence of your recall.

Regulation 22 (3a), (4a), (4b) & Annex E (5) - Duty

You can also claim duty time for travel if required to do duty on a public holiday or rostered rest day and your period of duty does not exceed 6 hours in total, including travel. (Not applicable if you have not been required to work i.e  at your own request).

Regulation 26 (2c) & Annex H (3i) & (3J) - Public Holidays & Rest Days

 The following periods are to be treated as if they were additional periods of “working time” for the purposes of regulation 2(1) of the Working Time Directive:

  • time spent in travel, outside of rostered duty hours to and from duty at a place other than the normal place of duty.
  • time spent in travel to and from training courses other than at the usual place of duty.

Regulation 22 Annex E (9) - Duty

The chief officer has discretion to fix a reasonable limit on the travelling time which is to be treated as duty time. Regulation 22 (3a) - Duty


 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.


I am being asked to change my duties at short notice, can they do that?

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, ie 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. 


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).


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.
Planned overtime
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.
Casual overtime
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)

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.

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)
Explanation
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).


 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.


I worked a night shift (1900 x 0700) but was required to remain on duty until 09.00 which was into a pre booked single day of annual leave.  What am I entitled to? 

The position of an officer who works on a single day of annual leave is not directly addressed in the Regulations. However, we are of the view that you would be entitled to payment in accordance with Regulation 25 and Annex G (Overtime) for the amount of time remained on duty after the rostered shift ended and should receive the equivalent amount of time back in annual leave hours to enjoy/take at another time.

So in the above example the officer would claim 1 hr 45mins @ 1.33 casual overtime (2 hours @ 1.33 if planned) plus they would have 2 hours annual leave returned to them.

In respect of the booked annual leave day the officer could either revert back to the normal shift that the annual leave day was prior to booking it OR take the remainder of the day off as annual leave and as originally planned.


Sickness whilst on TOIL

If a period of certified absence will over run a period of TOIL that you have booked, you must cancel the TOIL in advance of the day otherwise you will lose it. Unlike annual leave, you cannot retrospectively claim back TOIL after the TOIL day has passed. You must contact RMU in advance of the TOIL date and advise them that you have been certified unfit to work and that this will cover a period of TOIL which you wish to cancel. RMU should then cancel the TOIL  and put the hours back onto your TOIL total


I want to work part-time. Can I choose the hours I work?

Not necessarily. If you want to become a part-time worker then you must approach your division and request part-time hours. Negotiation should then take place involving you and your divisional personnel officer as to what hours would be suitable for you and the Force. However, once the 'determined hours' are agreed then they can only be changed with both parties agreement. (Force Policy on Part-time Working can be found on the Intranet ) 


Court Compensation - Claim Process

Please be aware of the process regarding claiming any court compensation that is owed to you.  If you have received your compensation letter from the court DO NOT send any bank details back to the Court.  If you do this you will not be able to claim from the Force.  In accordance with the Force Policy you are to complete a P800 and attach your letter from the Court; bearing in mind you must wait 6 months from the date of the award until you can claim for any money owed to you.  If you submit your paperwork direct to payroll@lincs.police.uk they will be able to pay you any money owing with the caveat, if you receive any money from the Offender you must advise payroll immediately to repay this money.

For any Officer who has mistakenly notified the Court of their bank details and are a subscribing member of the Group Insurance then Philip Williams can pay you your court compensation to a maximum of £500.  The claim form from Philip Williams can be accessed HERE and should be sent to the Federation office who will process this for you. 


 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.


  I have had my AL cancelled, what am I entitled to?

Compensation for working on a days AL will only apply to a period of absence from duty of 3 or more days, where at least one of those days is a day of annual leave and the other days, if not days of annual leave, are rostered rest days, day taken off in lieu of overtime, public holidays, free days (or days taken off in lieu thereof) or monthly leave days, or any combination thereof.

If the above circumstances apply, then you will be entitled to the following:

  1. i) if he was so recalled to duty for 1 or 2 days (whether or not in the latter case those days formed a single period), an additional 2 days’ annual leave (or, if the member so chooses, 1 day’s annual leave and 1 day’s pay at double time) in lieu of each such day for which he was so recalled; or
  2. ii) if he was so recalled to duty for 3 or more days (whether or not forming a single period), 2 days’ annual leave (or, if the member so choose, 1 day’s annual leave and 1 day’s pay at double time) in lieu of each of the first 2 such days for which he was so recalled, and 1 ½ days’ annual leave (or, if the member so choose, 1 day’s annual leave and ½ day’s pay at double time) in lieu of each such day for which he was so recalled thereafter.

But what if I only booked a half or one days AL?

There is no compensation within Regulations for this scenario and as such you will only receive your half or full day back and your day will revert to your normal working day prior to having booked your leave. Any time worked beyond your usual daily period of duty would be payable at overtime rates.

(Police Regulations 2003 Regulation 33 and Determination Annex O (Paragraph 5))


Can I take my AL in half days?

  1. a) Subject to sub-paragraph (b), days of annual leave granted under this determination may be taken, in the discretion of the chief officer of police and subject to the exigencies of duty, as a single period, or as single days, or in periods of more than one day or as half days.
  2. b) In the case of a member below the rank of superintendent, not more than 3 days of annual leave shall be taken as half days, and where annual leave is so taken, the member-
  3. i) shall do duty on that day for 4 hours, and
  4. ii) shall not be entitled to be allowed an interval for refreshment such as may be determined under regulation 22(b).

(Police Regulations 2003 Regulation 33 and Determination Annex O (Paragraph 4))


My child's school was unexpectedly closed for the day & he was sent home, I couldn't arrange childcare, do I have to use annual leave or time out of the book to care for them?

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 border.

This also covers when a dependant falls ill, gives birth or is injured or assaulted or in consequence of the death of a dependant.

(Reg. 33 & Annex T - Police Regulations) 


What mileage can I claim when using my private vehicle for travel to work?

Under Policy PD 225 (3.1) you may claim mileage for travel when using your own vehicle for a business journey that begins from, or ends at home (or place where residing) as long as it is a journey to a temporary place of work and NOT to an individual’s nominated station or workplace (except for Special Constables and Volunteers). A business journey is deemed to be any journey, which is required to be made for the individual to carry out the performance of their duties.

The following exceptions / rules apply:

  • The travel is to your permanent place of work.
  • Your journey to the temporary place of work is substantially on the same route as your normal home to permanent place of work journey and the distance travelled is less than 10 miles longer than that usual journey in any one direction.
  • All expenses for business journeys should be claimed at the shortest practicable
    route.
  • Use of own vehicles (except for Essential Users) will not be allowed where:
    Police transport is available, or an individual can make the journey as a passenger of another authorised user, or it would be more efficient to make the journey by public transport or by hire car

When calculating any allowance, it has been common practice for police forces to deduct the commuting distance between home and work from the total mileage claimed for work related duties. As of 1 June 2020, this method of calculation ceased and there is no deduction for commuting distance, save where the journey is substantially the same as the daily commute and the distance travelled is less than ten miles longer in any one direction.

Policy PD 225 (3.6) states that where officers nominated permanent station has temporarily changed the following mileage may be claimed: -

▪ Where the temporary change of nominated station is expected to be for a period of less than 24 months, the reimbursement of travel expenses will be based on the difference in mileage between the normal home to duty and home to temporary station.

▪ Where a temporary change in station is at the request of an individual or as a result of promotion, application for aideship, specialist post or new position, mileage will not be reimbursed. Changes made due to disability or covered by the Equality Act will not be classed as an individual request and reimbursement may be claimed.

▪ Line Managers/HR should regularly review (defined as at least once every three months), if the temporary change of station is considered likely to be for a period of longer than 24 months as the expenses reimbursed become
immediately taxable.

*As a branch we believe the wording of the Policy PD 225 (3.6) is confusing as it describes a permanent station as having temporarily changed and as such is in conflict with section 3.1 of the policy (business journey to a temporary place of work). We are working with HR & Finance to address this matter and our advice to members at this time is to seek clarification on whether or not their new place of work is being classed as a nominated permanent station.  (Dated 1st Nov 2023)

Officers should consult force policy PD 225 for the fully array of circumstances in which mileage may be claimed and for further details on insurance requirements.

Force Policy PD225

Police Consultative Forum MOU effective from 1st June 2020 (BB Circular 004 2020)

Police Regulation 2003 Reg34 Annex U


 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. 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


  I have been involved in a firearms incident.  What is the Federation advice?

 ADVICE TO FIREARMS OFFICERS POST SHOOTING INCIDENT Officers who have fired shots will always be subject of an investigation for potential criminal offences and should be reminded of their rights (Ch.6, para 2.31, ACPO Manual). Following an incident you must consider the fact that you may be treated as a suspect or a witness. This is a very fine line. It is in your interest that if you are being treated as a suspect you should say nothing until legal advice has been obtained. You have legal rights under the PACE Act 1984 and these should not be compromised. If however you are being treated as a witness then the following matters should be considered: Remember – All conversations are disclosable

• Ask the Post Incident Manager to contact the Police Federation, who can arrange legal advice and other support including contact with relatives, refreshment etc

• Initial notes should only be made subject to medical and legal advice

• The Manual of Guidance recognises that statements should only be made after officers have overcome any initial shock of the incident. Be guided as to when you are ready by medical advice, a solicitor or the Federation ‘Friend’.

• If you are requested to make a ‘duty statement’, ask if you are being treated other than as a witness. It is advisable to include on such a statement the following ‘I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself’

• You can confer with officers involved in the same incident before making notes but seek advice from your federation friend first

• Ask to see the Force Psychologist/Welfare Officer

• During any de-brief, comments are disclosable. Other officers’ accounts may influence or alter your own recollection of events. Try and recall your own, or use a Federation ‘Friend’ or solicitor as a reference point

• You may be asked to provide samples of blood, urine and DNA. In all cases seek advice from the solicitor or Federation ‘Friend’ The Federation only provides legal assistance to those members who subscribe to the Federation funds. You may be experiencing an understandable acute psychological reaction to the event commonly referred to as Post Traumatic Stress Disorder. Common symptoms include:-

• fearfulness • crying • shaking • agitation • patchy memory • anger • grief • detachment • difficulty concentrating • depression or sense of unreality • numbing or absence of emotion • feelings of guilt or self recrimination

If you feel any of these symptoms you should speak to the Federation ‘Friend’, solicitor or Post Incident Manager for medical attention. Remember – If you are on any medication, no matter how minor, eg; Asprin/Lemsip/Nightnurse/ Hayfever, etc, be sure to declare it on weapons issue.


 What contact can a Suspended officer have with their colleagues?

Suspension of a police officer is officially and technically a neutral act. The effect on that officer is far from neutral. Feelings of being ostracised and isolated from one's colleagues are common place.

What is also common place is a request from Lincolnshire Police managers or Professional Standards Department that any contact with a suspended officer must be reported.

Federation advice is that this can only ever be a request and cannot ever be a lawful requirement or order unless that contact contains evidence in relation to a criminal offence.

Article 8 of the European Court of Human Rights states that:

"Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."

Lincolnshire Police is a public authority and you will note that Article 8 makes no provision for Police Misconduct Proceedings. If you meet with a suspended colleague and wish the content of that meeting to remain private then that is your choice. Likewise if you wish to disclose the content of that meeting to PSD or your manager that is also your choice.

If you are ordered to do so then politely decline and seek federation assistance.