Working into/on a rest day or free day

Q. What can I claim for working on a rest day?

A. It depends on how much notice you are given. When working out the number of days’ notice you do not count the day you were informed or the day you are due to work.

• If you are given 15 days’ notice or more, you are only entitled to a re-rostered rest day (this only applies if your rest day is cancelled due to an exigency of duty. Any other requests to work on a rest day are payable as per the below).

This RRD/RDIL should be re-rostered within three months for a similar day and you should be notified of this within four days of working your original rest day. However, in WMP there is a local agreement outside of regulations that these days are banked. These should be locally managed, but the days have no expiry.

• If you are given less than 15 days’ notice you are entitled to payment or TOIL at time and a half, for the hours worked or 4 hours if you work less than 4 hours.

Travel time of 1 hour (30 minutes each way) is applicable but only up to a total of 6 hours for duty and travel. So, if you work 5.5 hours you can claim half an hour travel, but once you work 6 hours or over you can no longer claim travel.

A provisional warning does not count as notice (ie Crown Court). The notice period starts when it is confirmed that you will be working on that day.

Q. I had to remain at work at the end of my night shift going into a rest day what can I claim?

A. If you are required to remain at work past 07:00 after a night shift, going into you rest day, you are entitled to claim one hour’s payment or TOIL (your choice) at time and a half for anything you work up to 08:00.

If you are required to remain on duty past 08:00 you are entitled to claim a minimum of four hours’ payment or TOIL (your choice) at time and a half even if you work less than four hours. You do not lose the first half an hour in this circumstance.

If you are required to remain on duty for more than four hours you are entitled to claim payment or TOIL (your choice) at time and a half for the hours worked.

This regulation does not apply if you are due to work later that day (for payment or TOIL) as the day is no longer a rest day.

It also doesn’t apply if you are already on rest day rate (payment or TOIL) and work over into a second rest day.

Q. I have been informed that I am no longer required to work, and my rest day has been reinstated. What am I entitled to?

A. Again this depends on how much notice you are given. When working out the number of days’ notice you do not count the day you were informed or the day you are due to work.

• If you are given more than eight days’ notice or more, that you will no longer be required to work on the rest day, your rest day will be reinstated and there is no compensation
• If you are given less than eight days’ notice you can choose between taking the rest day with no compensation or working on the rest day for the appropriate compensation in accordance with regulations.

For example, if you were being compensated with a re-rostered rest day, then you can choose to work and claim a re-rostered rest day. If you were being compensated with payment or TOIL (your choice) at time and a half, then you are entitled to the same. However, you are only entitled to a minimum of four hours plus an hour travel.

Q. I am a part-time worker, what about if I am required to work on a free day or into a free day?

A. For the purpose of the regulations a free day is treated the same as a rest day when you are performing a role that can be performed by any officer (ie normal duties).

If the role you are performing can only be done by you (ie you giving evidence at court or completing your own statement) then you are entitled to payment or TOIL (your choice) at single time. But only when you have been given less than 15 days’ notice. If you are given more than 15 days’ notice you are entitled to a re-rostered free day the same as a rest day.