Duty

Advancing the start of duty time from the rostered time

When the time at which you are required to begin a rostered tour of duty is brought forward without due notice so that you begin the tour on a day on which you have already completed a normal daily period of duty, the time for which you are on duty before the rostered commencement time:

1. shall be reckonable as overtime, and
2. shall be taken into account as part of that tour of duty.

You should be given as much notice of the change of duty as possible; and every effort should be made to ensure that notice is given before the end of the tour prior to the one that is to be altered.

Example

• Assume the Force day commences at 07.00.
• If the rostered tour of duty was 07.00 – 15.00.
• You are told at 02.00 to attend for duty at 04.00 hrs, until 14.00 hrs.
• You will be entitled to payment at one and a third for the period 04.00 to 07.00 and one and a third for the period 12.00 to 14.00.

Due notice for these purposes is defined in Regulation 25 of Police Regulations 2003 as “notice given at least 8 hours before the revised starting time of the rostered tour of duty in question”.

 

Duty

Different provisions apply depending on whether or not you area full-time or part-time Officer or are working a variable shift arrangement.

If you are working part-time or on a variable shift arrangement separate information is available from your J.B.B. Office.

What follows hereafter is concerned only with the position of members working full-time and not working variable shift arrangements.

Constables and Sergeants

Normal Period of Duty

1. The normal daily period of duty (including refreshments) is eight hours.
2. as far as the exigencies of duty permit:
   1. a normal daily period of duty is performed in one tour of duty, and
   2. an interval of 45 minutes should be allowed for refreshments.
3. Where a normal duty period is performed in more than one tour 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.
4. A “day” means a period of 24 hours commencing at such time as the Chief Officer may fix.

Inspectors and Chief Inspectors

The Regulations do not require rosters to be published for members of the rank of Inspector and Chief Inspectors. Inspectors are neither entitled to overtime allowances nor rest day or public holiday working allowances.

An Inspector or Chief Inspector, so far as the exigencies of duty permit, are allowed a day’s leave on each public holiday and granted rest days at a rate of two rest days in each week.

Where the exigencies of duty have precluded this during the next following twelve months and so far as the exigencies of duty permit, you should be granted a day’s leave in lieu of any such day not allowed or granted.

 

Duty changes – Police Regulation 22

Police Regulations (Regulation 22) state:

Officers have the right to at least 3 months published duties.

Such duties must include:

• Rest Days
• Public Holidays, upon which they are working
• Start and Finish times
• Free Days

These duties can only be set after full consultation with the Joint Branch Board.

Additionally Forces should forecast Projections of at least 12 months duties for the purposes of planning annual leave.

Once these duties have been set they should only be altered subject to exigencies of duty.

Exigency of duty is set out in the PNB Circulars as follows:

4.3 PNB CIRCULAR 86/9

4.3.1 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.

4.3.2 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, changes to rostered duties would be justified by unforeseen public order situations, court attendance and essential training.

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.

 

Overtime – when can I claim?

Overtime is potentially payable when:

• you remain on duty after your tour of duty ends,
• you are required to begin earlier than the rostered time without due notice and on a day when you have already completed your normal daily period of duty.

Casual overtime

The premium rate for casual overtime is at a time and one third.

When you are informed at or before the commencement of your tour that you will be required to remain on duty after the tour ends no account is to be taken of any period of less than 30 minutes of overtime worked on any occasion other than a period of 15 minutes.

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.

 

Recall to Duty

Members who are recalled to duty between two tours of duty or rostered shifts may be entitled to overtime.

Members will be entitled to have their travelling time treated as duty, up to any reasonable limit set by the Chief Constable.

Members have to work a minimum of a completed period of 15 minutes when recalled to duty (to include relevant travelling time) before they are entitled to claim an overtime for the recall and will only be paid for completed periods of 15 minutes thereafter.

Answering the telephone does not necessarily constitute a recall to duty.

If a member 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.

The 30 minute disregard and requirement to work for 30 minutes before any casual overtime is taken into account is to be ignored for the purposes of any recall to duty – see Branch Board circular 8/2016.

 

Refreshment Breaks

Your right to a refreshment break is contained within Police Regulation 22 Annex E. Refreshment breaks are granted subject to exigencies of service, which is a pressing need or requirement which cannot be reasonably avoided.

However, this does not mean that your entitlement can be abused or ignored.

Unfortunately, we are aware from feedback from members that this is increasingly the case, and refreshment breaks are increasingly being interrupted or there is no opportunity to take them.

Unlike most other workers Police Officers are paid for their refreshment break as they are required to remain available to return to duty.

For this reason it is not lawful if you do not get a refreshment break to take it at the end of your shift as time due.

However, as Police Regulations offer little protection when refreshment breaks are not taken or interrupted we must rely on other legislation which may assist.

Working Time Regulations are Health and Safety legislation which covers Police Officers.

They set down minimum standards which all workers are entitled to by law.

Regulation 12 of the Working Time Regulations provides that were a worker’s daily time is more than 6 hours they are entitled to a rest break, minimum of 20 minutes.

This is a minimum standard and does not mean that a 20 minute break should be the norm and Police Regulations can be ignored.

What it does set down is your entitlement to take that break.

This should be an uninterrupted period and you are entitled to spend this away from your work station.

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.

When you do not get your entitlement to a refreshment break, or it is interrupted by a requirement to return to duty, you should ensure that this is recorded in your pocket book. You should bring this to the attention of your supervisor and also send a note to your local Safety Representative/Federation Representative.

This will allow the Safety Representative to monitor the situation and provide the evidence to raise the problem at Divisional Health and Safety meetings.

This will ensure that the problem is addressed by the Divisional Commander and if it is not, through a complaint to Employment Tribunal or Health and Safety Executive as outlined above.

Assist us to assist you to ensure your working environment remains safe.

The Joint Branch Board have successfully supported an Employment Tribunal case for an Officer refused / denied his rights under the Working Time Regulations and will assist in any future cases where appropriate.

 

Rest Days

Recommendation 7 - Rostered rest days – amendment to Annex H

The rate of pay for working on a rostered rest day is no longer at double time if less than five days' notice is given. Pay will be at time and a half for working on a rostered rest day with fewer than 15 days' notice.

Travelling Time on Rest Day and Public Holiday working under previous Regs has not been amended and therefore remains as below:

Subject to any reasonable limit imposed by the Chief Officer, travelling time to and from duty on a rest day may also count as duty. It will not count from the point at which travelling time and the period of duty exceeds six hours.

 

Rest Periods Between Shifts

Police Regulations set out that Officers are entitled to a period of at least 11 hours between rostered shifts. That means that Forces cannot roster Officers for duty within that period as it would be contrary to Police Regulations.

Working Time Regulations (WTR) set out that Officers are entitled to "a rest period of not less than eleven consecutive hours in each 24 hour period during which he works for his employer".

Where the entitlement under WTR not provided and the Officer is required to work during the rest period then the Officer is allowed to take an equivalent period of compensatory rest.

Officers are occasionally required to remain on duty beyond their rostered finish times and as such query the options for returning to duty to complete their subsequent shift.

It is accepted that there are a number of operational and personal factors which will potentially need to be considered in such circumstances, such as, staffing levels, service delivery, personal arrangements and commitments.

In order to avoid any disputes regarding such cases there are a number of options available to Officers and line managers and these should be discussed and agreed by both parties accordingly:

• Where possible the Officer can take the 11 hour break and commence an amended duty accordingly.
• Where the is an issue which prevents the Officer starting at a later time then there must be agreement in respect of where the compensatory rest is to allocated and taken.
• Where the delay in starting the subsequent shift would result in the Officer potentially working over into another working day or rest day then the supervisor needs to consider any potential overtime claim arising.

In such circumstances it might be appropriate to allow the Officer to finish at the original rostered time rather than incurring any potential claim.

In the event of any dispute or failure to agree then the Officer maintains their rights under Regulations and the case may progress to an Employment Tribunal.

 

Travel Time

Travel time between home and your usual place of duty is generally not duty time.

Such travel time is duty where you are:

1. required to perform your normal daily period of duty in more than one tour of duty, or
2. recalled to duty between two tours of duty, and you travel to and from your home between tours or, in consequence of the recall.

This time, (not exceeding such reasonable limit as may be fixed by the Chief Officer) shall be treated as a period of duty. If designated either a casual or essential user, use of a motor vehicle for this purpose attracts mileage allowance.