- The Secretary of State’s determination of sick pay under regulation 28 of the Police regulations 2003 provides that a member of a police force who is absent on sick leave shall be entitled to full pay for six months in any one year period. Thereafter, the member becomes entitled to half pay for six months in any one year period.
- The Chief Constable retains the discretion, however, to extend the period of entitlement to, as appropriate, full pay or half pay.
- All Nottinghamshireolic Pe Sickness Absence and Attendance Management Policies can be found here: https://www.nottinghamshire.police.uk/library/attendance-sickness
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).
- 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, such as the one we work in Nottinghamshire. 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
A “day” means a period of 24 hours starting at 7am as determined some years ago by the Chief Constable.
Nottinghamshire’s Policy can be found here:
|Length of service||Days||Hours|
|Less than 2 years relevant service||22||176|
|2 or more years relevant service||25||200|
|5 or more years relevant service||25||200|
|10 or more years relevant service||27||216|
|15 or more years relevant service||28||224|
|20 or more years relevant service||30||240|
The entitlement is shown in ‘days’. A day is defined as 8 hours; therefore, officers working a Variable Shift Arrangement should convert ‘days’ to ‘hours’.
Overtime is potentially payable when:
- You remain on duty after your tour of duty ends,
- 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.
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.
- 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. This topic has been regularly reviewed by the Federation nationally and it's lawyers. It is not a breach of our Human Rights under European or UK law, nor is it considered to be slavery.
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 each way. A recall to duty is when an officer is required to return to work between two rostered shifts i.e. a call out.
When there is a recall to duty then the actual hours worked is claimed, plus travelling. A maximum of 1 hour travelling each way can be claimed. Officers living outside the county can only claim travelling time once within the county. If more than 4 hours are worked then the travelling time is still added. Unlike Rest days and Public Holidays, there is no maximum time worked on a rostered day that causes the travelling time to be disregarded.
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/she 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).
- An officer works 9am to 5pm on Monday and is scheduled to work 9am to 5pm on Tuesday. He/she 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 6am to 6am.
- Therefore, the police ‘day’ on Monday starts at 6am and finishes at 6am on Tuesday. By starting at 4am he/she is beginning a shift on a day when he has already worked. He/she 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/she 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/she has done an 8-hour shift (4am to 12 noon) that day, is overtime and claimed as either casual or pre-planned as appropriate.
- NB. In Nottinghamshire the working day is 07.00 to 07.00 many are on variable shift patterns so any calculation needs to be adjusted as required to reflect this.
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)
- NB For the purposes of “Due Notice” the day the notification does not count NOR does the day to be worked. The requisite notice MUST be clear days.
My rest day was cancelled for an operational reason, but I’m not required to work on that day now, 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.
Yes but approval will still be subject to the exigencies of duty. If there’s insufficient resilience available for any of those days then approval may be declined. This shouldn’t be a simple case of the manager not liking you having that time off though. It must be a policing imperative to activate the exigency of duty clause.
- 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)
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.
- For more information see Reg. 26 & Annex G – Police Regulations.
The new Determination states that if you wish to substitute a statutory Public Holiday, other than Christmas Day, for another day, you can, with the approval of the Chief Officer, choose another day as your Public Holiday. In other words, you can swap one of the days you currently think of as a Public Holiday (such as May Day) and take that Public Holiday on another day in the year of your choosing.
You can apply for any other day but the Determination states that approval for that substitution must be given by the Chief Officer. Approval can only be refused if subject to the exigencies of duty. You’re likely to find that if you ask for a day which is a known day of exceptional demand, such as New Year’s Eve, approval may be justifiably rejected.
In that case, your statutory Public Holidays will be retained, i.e. those days you currently consider to be Public Holidays. Chief Officer approval is not required for the statutory Public Holidays.
Yes. If you are required to work a Public Holiday, you will be paid double time for the hours you’ve worked. That applies to both statutory Public Holidays and, if applicable, substituted Public Holidays.
If you have chosen to substitute one or more statutory Public Holidays, that day would then become a normal working day so you would it at flat rate. Therefore, if you chose to substitute Boxing Day for, say 15th January, you would work Boxing Day at flat rate and either take 15th January off or, if required to work it, be paid at double time for that day.
No. If you are required to work on a Public Holiday, you will be paid at a rate of double time.
Correct. We initially feared that, as Winsor had been talking of the ability of the force to cancel Public Holidays, where resilience did not exist and officers were required to work, the force may simply cancel the Public Holiday and require officers to work at flat rate.
However, the Determination makes no reference to the cancellation of Public Holidays and they cannot, therefore, be cancelled. As a result, if you are required to work on a Public Holiday (either statutory or substituted) you will get paid double time.
No. In fact, as Chief Officer approval has to be given, it is quite likely that sufficient resilience will be available on that day to allow you to take your entitlement of a day’s leave on that day. If, however, you are required to work it, you will get paid double time.
NB It would be wrong for the Force to cancel another Officers rest day to allow you to have the Bank Holiday off. By electing a Bank Holiday you may still be required to work. However if the Bank Holiday you have nominated forms part of an unbroken period of leave it should be recognized you are on leave and be given the time off.
You must nominate your substituted Public Holidays by 31st January.
Each chief officer must prescribe how the notice of a proposed substitution should be made and the arrangements for proposing a different date, if the officer wishes to do so, where exigencies of duty prevent a chief officer approving a proposed substitution.
No. This change applies only to Constables and Sergeants. Inspectors and above cannot nominate days other than statutory days. If they are required to work a Public Holiday, they are entitled to take another day off within the following 12 months.
Yes. That just needs to be submitted for approval as above.
- There are two separate types of duty. Therefore, where a statutory PH falls on what would otherwise have been your rest day, that rest day (for 8-hour and 2x2x2 officers) will be reallocated on that same rota.
- A simple example is that an 8-hour officer should have 8 rest days per month. If a PH appears within that rota, the officer should still get 8 rest days showing regardless of other considerations.
- NB Public Holidays and Rest Days in Nottinghamshire are reckoned in hours due to the variable shifts arrangements.
Change of Duties
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, i.e. 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. (Regs. 20,21,22 & Annex E – Police Regulations)
What’s my entitlement if I receive telephone calls received whilst at home on rest day, or after tour of duty?
Contrary to popular belief, there is no provision of entitlement to four hours’ payment (suitably enhanced) for receiving a telephone call at
home though this may be arguable if the telephone call is of significant duration.
If, however, a call is received and as a result of that call you are required or instructed to go somewhere, or perform duty, then the view is that this may well be a recall to duty and be eligible for the appropriate amount of compensation.
Answering the telephone does not constitute a recall to duty, UNLESS the Officer is already “On-Call” and in receipt of on-call allowance.
I‘ve been asked to perform as an Acting Sergeant/Inspector but have been told there is a qualifying period. Am I entitled to overtime? If so, at what rate?
Each financial year, you are required to work for 10 complete days cumulative (in the case of a part-time officer 80 complete hours and an officer with variable shift arrangements qualifying shifts amounting in total to 80 hours) in a 12 month period before you can receive a temporary salary. A period of 12 months begins on 1 April.
Acting Sergeants and Inspectors are entitled to Temporary Duty Allowance. Any overtime incurred whilst acting will be paid at your substantive rank i.e.
- an Acting Sergeant’s overtime will be paid at Constable’s rates and
- an Acting Inspector’s overtime will be paid at Sergeant’s rates but only during the first 10 working days and on any Rest Days or Bank Holidays during the entire period of Acting. No overtime is payable on a normal working day once the first 10 working days of Acting have been completed.
If you are an officer who has been promoted to a temporary rank, there is no requirement to work a qualifying period and you will in fact progress through the pay scales of your temporary rank until you revert back to your substantive rank. If you are promoted again to a temporary rank, you will automatically start at the same pay point of that rank where you left off.