- Bank Holidays
- Data Privacy
- Flexible Working
- Rest Days
- Sick Leave
- Sick Pay
- Summer Leave
- Working Time Regs
The Inspecting ranks do not get any more additional pay for working on a bank holiday. That was part of the 1994 salary agreement.
Next, everyone starts off as BHL on the public holidays.
If you work a normal Monday to Friday week then you will be BHL unless you are told you are working. If the latter is the case then you will get one day back.
If you work a shift pattern that would, in a normal week, have meant you were rest day on the Bank Holiday then you will be BHL and the day that would have been a normal rest day will be owed to you or appear elsewhere in your roster.
If your shift pattern meant that the above would have applied, so the rest day is owed and you were meant to be BHL but were cancelled and had to work then you will be entitled to the BHL day off again so it ‘appears’ you have two days off for the bank holiday.
PFEW Research Department has provided the following:
Subject to the exigencies of duty, inspecting ranks are entitled under Police Regs 2003, Annex E, to both a day’s leave on each public holiday and rest days at the rate of two per week. As you’ve said, Annex E, para 4(b) clearly says:
“4) PUBLIC HOLIDAYS, REST DAYS AND MONTHLY LEAVE DAYS
b) Inspectors and Chief Inspectors
Every member of a police force of the rank of inspector or chief inspector shall, so far as the exigencies of duty permit, be allowed a day’s leave on each public holiday and be granted rest days at the rate of two rest days in each week.”
The definition of public holiday is set out in Police Regs 2003, Reg 3 as follows: “public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or a Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;” – so public holidays are specific days of the year.
In terms of going forward, the force should roster the public holidays on the requisite days and then separately roster the rest days in accordance with Annex E i.e. at the rate of two in each week. I appreciate that there is no right under the regs for inspecting ranks to have a roster, but I understand that in practice a roster is provided.
In terms of a rest day which has already fallen on a public holiday, the day was a public holiday before it was a rest day and the public holiday should therefore take precedence, with the rest day being re-rostered.
The force position
Changes were to made Inspecting ranks terms and conditions of service in 1994 with a salary increase to compensate for the removal of certain allowances, including the removal of overtime rights. The Regulations did not define what ‘normal hours’ are for these ranks but through accepted custom and practice and guidance from Home Office Circular 21/97, the generally accepted working week for an Inspector is 40 hours. Whilst there is no provision for overtime it is clear the Regulations did not alter or intend to alter the average amount of weekly hours worked by an Inspector (this was also made clear in HOC 21/97). Consequently, Inspecting ranks have been expected to balance their hours on a ‘weekly’ basis, working shorter hours on one day if they had exceeded normal hours earlier in that working week. In 2013, I came to an agreement with the Police Federation to permit a local arrangement, whereby Inspecting Ranks could accrue up to 30 hours of ‘Time on Card’ to assist in the balancing of their working hours, whilst allowing them to meet operational need. In agreeing to this local arrangement, I made the following three stipulations:
– All Time on Card to be recorded on GRS
– The first 30 minutes of each period should be disregarded (as is the case for Constables & Sergeants)
– Time on Card cannot be used to take a whole shift off
Whilst I understand that this agreement could be perceived as permitting a degree of ‘overtime’ to be worked this is categorically not its intention. The arrangement is simply aimed at assisting officers’ balance their working time to ensure an average working week of 40 hours is maintained.
See FOI Info Page http://dcpolfed.org.uk/your-right-to-information/
Update from the General Secretary
Where a member is recalled to duty from a period of annual leave, he/she shall generally be entitled to compensation at the rate of: ‐
(a) where they are recalled for 1 or 2 days (whether or not those days form a single period) an additional 2 days annual leave for each day, or if the member so chooses 1 days annual leave and 1 days pay at double time shall be granted in lieu.
(b) where the member is recalled for a period of 3 or more days (whether or not those days form a single period) compensation in relation to the first 2 days as (a) above, and for any other days compensation will be at the rate of 1 1/2 days annual leave for each day, or if the member so chooses 1 days annual leave and 1/2 days pay at double time.
Rest days and bank holidays which form part of the annual leave period shall be, for the purposes of this determination, treated as annual leave.
Under PNB Circular No.03/15 ‐ The above compensation also applies to officers actually recalled from annual leave, but also to annual leave that has been pre‐booked/scheduled.
If you work overtime after hours on your scheduled tour of duty, and you were not informed of the overtime prior to the commencement of this tour of duty, it is classed as unplanned overtime and you cannot claim overtime for the first 30 minutes worked. For example, if your tour of duty is 14.30 x 22.30, you cannot claim overtime until 23.00. Any overtime you claim after that is at time and a third, for payment, or if you wish to claim time off, for the overtime, then for every completed 15 minutes, you are entitled to claim 1 unit and for every 3 units you work, you are given 1 bonus unit.
If you work unplanned overtime on 4 occasions during the same week then on the 5th and any other occasion in which you may have to work overtime you no longer lose the first half hour for the rest of that week. If you were asked to work overtime prior to the commencement of your tour of duty this is planned overtime and you do not lose the first half an hour when calculating how much time you have worked over.
Working on a bank holiday will always be paid at the rate of DOUBLE TIME whether for payment or time off. This also applies to part time working officers.
When a bank holiday falls on a rest day, the bank holiday always take precedence, the rest day MUST be re‐rostered to another day (after consultation with the officer) The re‐rostered day is a rest day and all conditions applying to rest days apply to it. Should the officer then be required to work on the bank holiday he/she would get paid or have time off at the rate of double time, (officers choice)
If an officer is informed that he/she is required to work on a bank holiday with less than 8 days notice, then in addition to getting paid double time for the bank holiday (or time off) he/she would also be entitled to another day off which shall be notified to him/her within 4 days of notification of the requirement and which shall be treated for the purpose of this regulation as a bank holiday.
If an officer works into a bank holiday beyond 0700hrs there is no half hour disregard. If such an officer was scheduled to not be working then the entitlement is as above, four hours double time and a reinstated day. If the officer is due to work later the same day the overtime worked beyond 0700 is counted as double time in 15 minute increments and not at a minimum of 4 hours
A member of a police force of the rank of constable or sergeant shall, if required to do duty on a day, which is a rostered rest day, be granted: Where he/she receives less than 15 days notice of the requirement, payment or time off (officers choice) at the rate of time and a half.
In any other case – another rest day which should be notified to the member within 4 working days of notification of the requirement to work.
Please note when working out the day’s notice you do not count the day you were asked or the day you are to work.
Where the time at which an officer is due to commence a rostered tour of duty is brought forward without due notice (less than 11 hours) so that they are required to commence duty on a day in which they have already completed their normal period of duty. The time for which they are on duty before the rostered commencement time shall be reckonable as overtime and also taken into account as part of that tour of duty. The force day commences at 7 A.M. If the day were a rest day, then the overtime would be at double time for a minimum of 4 hours.
If you are given more than 11 hours notice of the duty change then your working day merely starts at the new time.
Q: 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?
A: 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 4 days (and less than 15 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 5 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.
Where an officer is required to duty on a public holiday or on a rostered rest day his/her period of duty shall include the time occupied by him/her travelling to & from his/her place of duty. This will be disregarded where the period of duty exceeds 6 hours. Travelling expenses may also be claimed, for the journey
Travel time between home and your usual place of duty is generally not duty time. Such travel time shall only be treated as a period of duty when you are: Required to perform your normal daily period of duty in more than our tour (Split Duty) Or Recalled to work between two tours of duty and you travel to and from your home between tours. In calculating any period of overtime, the time occupied by a member in relevant travelling shall be treated as a period of duty. The actual time worked will be claimed at the appropriate rate and as such be at time and one third. If you are designated either a casual or essential user, use of a motor vehicle for this purpose attracts mileage allowance.
Compensation for volunteering to work on a rest day or public holiday. Where, because of the need for extra staffing on a specific Day, officers who were rostered to be off duty are invited to volunteer to do duty on that day. The normal compensation arrangements for rest day or public holiday working will apply. Responding to a management request for volunteers should not be treated as a request by the officer to do duty on the day in question. Advice on the compensation to which you are entitled is available from your local federation representative.
An officer cannot be on annual leave and certificated sick leave at the same time. Practically, the Force should be notified immediately the officer becomes unfit for duty and the annual leave reallocated to a later date. If an officer wishes to reclaim their annual leave following a period of sickness they will have to produce a doctors certificate for the relevant period. Self certification will not be accepted to reclaim the annual leave in this circumstance. More guidance can be obtained from the force annual leave and long term sickness toolkit.
Updated 27/06/16 SGardner
If I remained on my day shift, 8 to 5, then went to a meeting 7pm to 9pm, would this be a re‐ call to duty and, as such count as overtime at time plus a third? You should adjust your shift to cover the commitment, so work a 13‐21 instead. It would not be a recall to duty because in effect you are not being ‘recalled’, it is of your choosing. If you needed to work a longer day, having to come in and do the day shift and then continue on then this would be O/T at time and a third. In relation to a true recall to duty, when required to perform your normal daily period of duty in more than our tour (Split Duty) Or Recalled to work between two tours of duty and you travel to and from your home between tours. In calculating any period of overtime, the time occupied by a member in relevant travelling shall be treated as a period of duty.
Casual overtime is dealt with under Regulation 25 Annex G. From 01/01/03, the first 30 minutes of each period of casual (or unplanned overtime) is to be disregarded for either payment or time off. This relates to the first 4 occasions during any week, so for example, if casual overtime was worked on 5 occasions in a week, then on the 5th occasion the first 30 minutes would not be disregarded.
However, if an officer is aware at the commencement of his tour of duty that he is required to perform overtime, that would be classed as planned overtime and would therefore be entitled to the full time worked.
An officer working an average of 31.5 hours a week, one week is for example 3×9 hour shifts = 27 hours and the next 4×9 hours =36 hours. Overtime is plain time up until 40 hours, and then enhanced. It is the average determined hours (31.5) as the starting point for plain time up until the 40 hours weekly total despite the fact that one week is a shorter working week. The overtime does not start until it is over and above your average determined hours. Regardless of the week, in this example the officer would have to work 8.5hrs before they received the enhanced pay rate
While it is ultimately for the chief officers to decide, officers should, if possible, be able to take two weeks of their annual leave between 1 June and 30 September if they so wish.
If your rest day falls on a bank holiday then you are entitled to have your rest day back (a rest day in Lieu). In addition if you work the bank holiday you are entitled in addition for payment at double time. If you would prefer ‘TOIL’, time off in lieu, then this is your choice and it would also be at the rate of double time.
I was warned that I would be required to work a Bank Holiday to take part in a police operation. My duties were amended accordingly. I was later notified that the operation has been cancelled with less than eight days notice and I am no longer required to work. What am I entitled to? If you were given less than eight days notice you can choose between taking the public holiday leave with no compensation, or working on the public holiday with compensation in accordance with a previous PNB agreement.
After you have been absent for 183 days (including rest days) in any 12-month period your entitlement to full pay ceases and you are entitled to half pay for the next 6 months. The Chief Constable or Assistant Commissioner will decide whether there is any reason to retain you on full pay. It is important to note that this is not a decision based on whether you are genuinely ill and unable to attend work. The decision is based upon whether there is something specific about your role as a police officer that will persuade him to retain you on full pay. The Police Negotiating Board has offered guidance on this matter to Chief Officers. The guidance provides that the only reasons that you will be retained on full pay are if: – • You are injured in the execution of your duty and are fully co-operating with the Occupational Health Unit to facilitate your return to work. This does not include merely being injured at work but is specifically related to your role as a police officer. Road Traffic Collisions whilst travelling to or from work would not be counted for this purpose. • You are being considered for medical retirement and you have been referred to a Selected Medical Practioner. You will normally remain on full pay until you are a retired, or a decision has been made to retain you and a suitable role is identified. • If you are disabled and covered under the Disability Discrimination Act your eligibility to full pay may continue if your absence is linked to your disablement and reasonable adjustments to enable you to attend work have not been made. Recent tribunal decisions have ruled that once reasonable adjustments are in place disabled officers shall be treated as any other officer for continued absence. • You have a terminal illness If you do not fit one of these categories you should expect to be reduced to half pay. Your Personnel Manager will make a recommendation and advise on the reasons for your absence. The Police Federation attends the meeting to ensure that the best and the most up to date information on your condition, and the causes of it, are put before the Chief Constable. In order that they can do this you should contact the Federation Office when you are notified they you are due to go onto half pay to discuss your absence. At twelve months absence you entitlement to half pay ceases and you are then entitled to no pay. The same process and decision-making criteria as for half pay is applied. If you are placed onto half pay you will also be eligible to benefits from the Department of Social Security. For the first 28 weeks you will receive Statutory Sick Pay (SSP). Whilst you are receiving full pay this will come as part of your salary and you will not see any amendment for this. When you go onto half pay this will be shown on your pay slip as an additional payment. After 28 weeks you will not be eligible for SSP but instead become eligible for Incapacity Benefit. The personnel department will send you form SSP1 to help you transfer to incapacity benefit. This should be sent after 23 weeks absence so if you do not receive it contact the local personnel unit and request that it be sent. After SSP finishes you will receive higher rate short term Incapacity Benefit based on whether you can perform your own occupation. You will be required to send your sickness to the D.S.S. You will receive payment from the D.S.S and not through your salary. Your eligibility for short-term Incapacity Benefit ends at 24 weeks. At this point you will be eligible for long term Incapacity Benefit if you are incapable of any work. To qualify for Long Term Incapacity Benefit you will be sent an incapacity for work questionnaire and you may be required to attend a medical examination. If you are sent this form you should seek advice from the Federation Office who have trained representatives who can assist. If the Chief Constable decides that you are to remain on full pay you will still receive part of this as Incapacity Benefit as above. You will be sent SSP 1 form and the benefit will be deducted from your salary and received directly from the Department Of Social Security.
The first thing to do is not panic. The regulation 15 notice informing you that a complaint has been made is served for your protection. It gives you the opportunity to secure any evidence that may be necessary for your defence. It also gives you early notice that a complaint has been made. When you are served with a Regulation 15 notice you will be cautioned and invited to reply. It is advisable that if it is appropriate to deny the allegation at this early stage this can assist with the disposal of the complaint if the complainant subsequently fails to cooperate with the investigation.
However, it is not advisable to go into details of the allegation and your actions until you have sought further advice. Following that advice it is usually the best course of action to co-operate with the enquiry and provide an explanation. Therefore upon receipt of the regulation 15 notice a simple response of, “I deny this allegation but wish to seek further advice before I make a formal response. I intend to cooperate fully with this enquiry”, is the most appropriate answer at this stage. Of course sometimes we cannot deny the allegation and would admit the behaviour. In that case simply stating that you wish to seek advice before formally responding will suffice.
If further questions are asked then respond by stating simply, “I wish to seek advice before I answer that question”. Your next action should be to contact your Federation Representative, or Federation Office as soon as possible. Don’t delay as this can cause problems with availability. They will represent you, or if it is a criminal allegation, arrange for legal representation. The Federation Representative will want a copy of the Regulation 15 notice and will meet with you to discuss the complaint. The Representative is not covered by legal privilege but they do have protections of confidentiality in any discussions you have with them. It is most likely at some stage that the Investigating Officer will wish to interview you. As stated it is usually the best course of action to fully co-operate with the enquiry and offer your explanation and version of events.
A Federation friend or legal representative will accompany you at this interview. You should be fully honest with the Representative or your legal representative and inform them of all the issues. This is the only way they can advise you fully and effectively on the most appropriate course of action or response. Undertaking an interview where you have not advised your Federation Representative and therefore not received the best advice can lead to problems during the questioning through staged disclosure. Any dishonest answers will lead to Honesty and Integrity charges and these can often be more serious than the original charge. Being under investigation can be very stressful and the Federation can provide both welfare support and advice throughout the process.
Flexible working practices are fundamental to the work of the public sector in the 21st century, and the police service has the opportunity to embrace and take full advantage of the benefits which varied working patterns can bring to the individual and to the organisation .By providing flexible working arrangements, the police service is more likely to retain staff, which in turn cuts the cost of advertising, recruiting, interviewing and training, as well as keep all the experience and skills that only time can build. With this extra adaptability the police service should also be able to manage peaks and troughs in demand more effectively, and provide a better service to the public.
What do I do if I want to work Part Time?
Part time working in basic terms is when an officer requests to work less than full time hours. Police officers who work full time are paid an annual salary for 40 hours duty per week. Officers who work part time are paid an hourly rate pro rata to the salary they would receive if they were full time. Annual leave is also calculated on a pro rata rate according to length of service and hours worked. The Police Regulations allow for a wide variety of working patterns and flexible approaches to part time working. There is no “menu” of shift patterns, and each application should be treated on an individual basis.
All requests for part time working should be negotiated between the individual and their manager. A balance has to be struck between the needs of the individual and the needs of the organisation. Like full time officers, part time officers are entitled to a 12 month duty roster. A part time officer’s roster may comprise of duty days, rest days and additionally non working days. (Sometimes referred to as “free days”). Like full time officer’s part time workers may be requested to work overtime, have changes to duty, or work on a rest day. Part time workers may also be requested to work on a non working day, but these occasions should be rare and should only be if the duty is one only that officer can perform (i.e. attendance at Court) or for operational exigencies were all other options have been explored.
Different provisions apply for part time workers for their entitlements, it is therefore important that the individual and their manager when agreeing a duty roster both have a clear understanding of start and finish times of shifts, duty days, rest days and non working days. It may be helpful to keep a copy of your agreed duty roster. Part time agreements should be reviewed annually. This presents opportunities on both sides to review current arrangements, and explore options, if appropriate, to increase or decrease working time. Part time workers can exercise their right to return to full time work at any time, providing that they make their application in writing at least a month prior to the date.
If you are thinking of applying to work part time it is advisable to speak at the earliest opportunity to your manager. Use this initial stage to gain support from and work with your manager to come to an acceptable negotiated agreement that is workable by you. Don’t be prescriptive. Be prepared to be flexible in negotiations and present solutions to any perceived problems.
If you are injured at work then it is essential that you inform your Supervisor and have the details recorded in the Accident Book. Do this even if the accident does not at first seem serious. A cut can turn septic; a pain in the stomach could turn out to be a hernia. The local Health and Safety Committee review accidents at work and can take action to make the workplace a safer place.
The local Federation Safety Representative can also investigate accidents and make recommendations to Management to improve safety as a result. This dual process ensures that the matter can be looked into and remedial action can take place if necessary to prevent others being injured in the same manner. Accidents that cause serious or fatal injuries, or lead to more than three days off work, will be reported to the Health and Safety Executive. Failing to report accidents prevent us from making the work place safer and could lead to others being injured.
You have a responsibility to yourself and your colleagues to prevent this. If you think that the accident may lead to problems in the future you should also record the accident with the Department of Work and Pensions for a declaration that you have had an industrial injury. You can get the application form (BI 95) from your local social security office. Industrial Injuries Disablement Benefit can also be paid 15 weeks after the accident date if you have suffered disablement from a loss of “physical or mental faculty” caused by the Industrial Accident.
You can claim this benefit even if no one was to blame for the accident. You can also receive the benefit even if you are fit for work and not had any drop in income. To receive payment your level of disablement must be assessed at 14% or more. To claim the benefit you should get form BI 100A from your local social security office. You have three months from the first day you were entitled to benefit to make your claim (i.e. 15 weeks after the accident). If you claim after this date benefit cannot be backdated more than three months even if you have a good reason for not claiming earlier. Journeys to and from work are considered on duty for pension purposes. However, they are not normally counted for industrial injuries. They may be covered if you are travelling in the employer’s time to an irregular workplace so that your journey can be accepted as forming part of your work.
If you are refused Industrial Injuries, or are unhappy with the level of disablement assessment the Federation has trained advisors who can assist and represent you at the Appeals Tribunal Service. If you believe that someone has caused your accident through negligence and as a result you have received injury then you might have grounds to pursue a civil claim. The Police Federation provides legal representation for you to pursue this action through retained solicitors, Russell, Jones and Walker, Whittles, and Pattison and Brewer. We do not fund other solicitors. There is no charge for this legal service, which is provided from Federation Funds. To access these legal services you ask your Federation Representative for a Claim Form C1, for yourself and a C1F, for a family member or you can call the P.F Claim line Number which is 0800 9171 999. They will take the details and initiate the claim. This service is also available to your family member and covers you both on and off duty. If you have been injured as a result of the prevention of crime, or from an assault you should make a claim for Criminal Injuries Compensation. The minimum claim is for £1000 so the injuries must be sufficiently serious to reach this amount. The Federation Office runs these claims and has all the relevant forms.
If you are unhappy with the award, or are refused an award, then we will instruct the Federation Solicitors to look at your claim and if appropriate represent you at an appeals tribunal. The Federation Group Insurance scheme also pays a temporary disablement benefit of £14.00 per week if you are unable to attend work as a result of an injury on or off duty. This payment is payable after the first 7 days of absence. You should obtain a claim form from the Federation Office.
The working time regulations of 1999 are essentially a piece of health and safety legislation that sets out minimum standards for employers for the care of their employees including Police officers. It sets out the minimum periods of daily rest between shifts, your length of meal breaks, your weekly rest periods, your maximum periods of night working and your maximum weekly average hours.
The only part of the regs that you can opt out of is the weekly average. Everyone is set a weekly average of 48 hours over a period of 20 weeks in Hampshire. Should you wish to opt out then contact your duties office explaining your reasons for wanting to do this. All the other regulations relating to working time will still apply to you. You must have one day off in seven, or failing that two single days in fourteen or a two day block in fourteen. You must have eleven hours rest between rostered tours of duty. If this doesn’t happen then you may be asked to start your next duty later or to take another period of eleven hours rest elsewhere in your rest day pattern. The later is known as compensatory rest. In essence for a RD to be counted as a RD for weekly rest under WTR then there must be eleven hours daily rest after the end of the shift, followed by 24 hours weekly rest. If the total of 35 hours is achieved before the next start of duty then that counts as your one day in seven.
Where working time regs and Police regulations are in conflict we will always work to the better regulation for the officer.
Your right to a refreshment break is contained within Police Regulation 22 Annex E. This states that where an officer is on duty for a continuous period of 5 hours or more, time for refreshment shall, as far as exigencies of duty permit, be allowed as in the following table;
|Number of Hours||Refreshment Time|
|Less than 6 hours||30 minutes|
|6 hours or more, but less than 7 hours||35 minutes|
|7 hours or more, but less than 8 hours||40 minutes|
|8 hours or more, but less than 9 hours||45 minutes|
|9 hours or more, but less than 10 hours||50 minutes|
|10 hours or more||60 minutes|
The refreshment period should be between the 3rd and 6th hour of your shift, whenever practicable. Therefore it should never be the norm that you are required or rostered to take your break outside this period. 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 they 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. 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 of applicable. 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 Area Health and Safety meetings. This will ensure that the problem is addressed by the Local Commander and if it is not, we can address it 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
Under the Police Reform Act the first half hour of CASUAL OVERTIME should be disregarded on the first four occasions in a weekly period. 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.
IT IS IMPORTANT THAT THIS FAQ IS READ IN CONJUNCTION WITH SEC CIRCULAR 07/2007
Since 2002 Guidance has been offered to the application of the Police Pension Regulations. New procedures have been introduced which ensure the independence of the scheme. The Force must refer you to an Independent Selected Medical Practioner if they are considering whether you are permanently disabled from the “ordinary duties of a constable”. The referral to the Selected Medical Practioner can be either requested by the Force, or by the officer provided it is supported by suitable medical evidence. The Federation can assist you to get this if you feel that you should be referred. The test on the Ordinary duties of a Police Officer is intended to be a robust one that includes physical activities such as arrest and restraint, running and walking reasonable differences, as well as physiological tests, such as understanding and managing information. The inability to do any one of the activities identified would render an officer permanently disabled from “ordinary duties”. If after referral you disagree with the decision of the Selected Medical Practioner you can appeal to a Police Medical appeal Board. You can get further advice on how to do this from the Federation Office. There are strict timescales to do this so it is essential that you contact the office as soon as you receive the report. However, the fact that you may be permanently disabled does not automatically mean you will be retired. Infact quite the opposite is the case. The Pension Guidance, reinforced by the Disability Discrimination Act, places a presumption that officers unable to perform front-line duties should be retained in the service in other roles. This is a managerial decision based on the report of the Selected Medical Practioner on an officer’s capability, the identification of a suitable post, and the completion of a suitable risk assessment. You are able to provide comments on your own wishes but ultimately it is a decision for management whether you are retained or retired. There is no appeal against this decision and the only challenge would be by Judicial Review if the decision to retain an officer were irrational. If the decision is taken to retain you then you should be provided with a proper career pathway. Obviously if you are quite young in service this is even more important. For example just because you are disabled does not mean that you cannot be promoted. In fact the Disability Discrimination Act provides that an employer should positively discriminate for disabled people and identify roles that are particularly suitable for disabled people. If you were retained then good practice would be to have a career meeting with your line manager and personnel officer to discuss how your future career can be structured and managed. We would encourage you to request such a meeting.
This is solely a question for you. Your Force cannot start your maternity leave. You can start it at any time after the 13th week of pregnancy. You have to start it no later than the EWC (estimated week of confinement).
To qualify for antenatal leave you must notify the Force as soon as is reasonably practicable. To qualify for statutory maternity pay you must notify the Force no later than 28days before you intend to go on maternity leave. At the same time you must also advise the expected date of birth and the date you wish to commence your maternity leave. You can change this date later by bringing it forward or putting it back. It is also important that you tell the Force as early as practicable from a health and safety point of view. You will need to be assessed for any risks that your current work poses for you and/or your baby.
On the day you notify that you want it to start. The Force cannot start your maternity leave. You can bring this forward or put it back, provided you notify the change. For pay purposes it is best to start your maternity leave on a Sunday, because, if you start your maternity leave on a Monday (when most Forces’ weeks and duty rosters start) you are deemed to have been available for work on the Sunday and therefore not eligible for state benefits that week.
You can take as much as you like during the period, 6 months before the baby is due, to 12 months after the baby is born to a total maximum of 15 months maternity leave. You can take it in more than one period provided that you give 21 days notice of your intention to return to work on each occasion.
To qualify for police maternity pay you must have served ?continuously” for 63 weeks, at the beginning of the week your baby is due. If you transferred Forces during this time, any period you served in another Force counts towards the 63 week period. If you qualify for police maternity pay you will receive your full pay for the first 3 months. You will also be entitled to Statutory Maternity Pay (SMP) if you have served continuously for 26 weeks, I5 weeks before the baby is due. If you transferred Forces during this time, any period you served in another Force will not count towards the 26 week period. If you qualify you will receive 26 weeks SMP, the first 6 weeks at 9/10ths of your average pay, the remaining 20 weeks at the lower rate of SMP (from April 2005: £106.00 per week). If your period of police maternity pay coincides with SMP one offsets the other. You will receive whichever is the greater. It is possible to receive 3 months full police maternity pay and the full 26 weeks SMP if you start your maternity leave early enough. However all the time you remain at work you remain on full pay, your 13 weeks police maternity pay will not start until you go on maternity leave.
Regulations provide protection against being unreasonably refused tine off to attend antenatal appointments. You may have to show your appointment card after the first visit. It is not clear whether relaxation classes are included in this but if your Doctor, Mid‐wife or health visitor say it is necessary, time should be allowed for you to attend.
The Force is required to undertake a risk assessment on the job you are doing even before you are pregnant. If they identify any risk to you they must tell you (and anyone else you nominate who is acting for you as your representative, such as your doctor or your Federation representative) what the risk is. When you notify the Force of your pregnancy, your manager or supervisor must conduct continuous risk assessments throughout your pregnancy. You should be given the opportunity to discuss the risk assessment with your managers or supervisors and your medical advisors. If you cannot continue in your present work, the Force must consider altering the work so that the risk is removed or find alternative work for you to do. If your current work attracts certain allowances, you should not lose them if you are transferred to other duties. If they are unable to find another job they must place you on paid leave. This is known as “maternity suspension” ‐ it is not maternity leave until the date arrives when you have notified that you want the maternity leave to commence. If you wish to continue with particular duties, the Force should not remove you from them without undertaking a proper risk assessment (which may include seeking medical advice). If the Force were to remove you against your wishes based on assumptions that your pregnancy precluded you from continuing to undertake those particular duties and without having undertaken a risk assessment, you may have a claim of sex discrimination.
The Management of Health and Safety at Work Regulations 1999 provide that pregnant women should be withdrawn from night work if your doctor certifies that it would endanger your health or that of your child. You should discuss any concerns about your shift pattern with your Doctor, Mid‐Wife or Health Visitor. If they certify that you or your baby’s health is likely to be affected you should not be expected to work shifts.
You will continue to pay pension contributions during your paid maternity leave, which includes SMP. If you take unpaid leave, you will have to either extend your service or buy back the pension contribution for your unpaid leave if you want to enjoy a full pension. Regulations allow you to re‐pay your unpaid pension contributions upon your return provided that you repay the unpaid contributions within 6 months of your return or that you elect to do so and repay unpaid contributions within 6 months of leaving service (unless the Inland Revenue restrictions on pension contributions prevents you from doing so in which case you will be allowed up to 30 months to repay your contributions). For any unpaid leave you wish to buy back, your contribution will be assessed at 11% of the pay you were on immediately before you went onto no pay; for most women this will be SMP at the lower rate (?106.00 per week from April 2005), see Home Office Circular 9/00 at Appendix. You should contact your pension department if you wish to avail yourself of this facility.
What happens if I become sick whilst I am pregnant, but before my maternity leave actually starts? You are entitled to take sick leave before your maternity leave starts. This will not affect your entitlement to maternity leave unless your sickness is pregnancy related, in which case, your SMP (paid at the higher rate ‐ 90% of your full pay) will automatically start if you are absent through sickness at any stage during the 4 weeks before the EWC. Your maternity leave and police maternity pay will continue to commence on the day you have notified that you wish it to start.
What happens if I am sick because of something that happened as a result of my pregnancy and I cannot return to work? When you are on maternity leave ‐ either paid or unpaid ‐ you are protected from any less favourable treatment on the grounds of pregnancy. So, if you have an illness as a result of your pregnancy (e.g. post natal depression) you will be protected until you return to work or the last day of your maternity leave period (whichever comes first). If you return to work and then go off sick again, it is likely that you will have lost that protection ? even if your absence is pregnancy related. This could have implications for you if you then have to go onto half pay after 6 months and no pay after 12 months
Many pregnant or returning mothers like to add periods of annual leave to either end of their maternity leave. You are entitled, with permission, to carry forward 5 annual leave days from one leave year to another. In exceptional circumstances, you can carry forward more at the discretion of the Chief Officer. Devon and Cornwall allow officers on maternity leave to carry forward all their annual leave (over 40hrs) into the next leave year provided that they take this annual leave on the end of the maternity leave prior to them returning to work. Devon and Cornwall will also add bank holiday leave to the end of maternity leave. ensure that pay department are aware of your return to work on Annual leave/BH leave so they start paying you accordingly. Your annual leave accrues whilst you are on maternity leave.
I receive rent/housing (replacement) allowance, what will happen to this whilst I am on maternity leave? You will continue to receive your rent/housing (replacement) allowance whilst you are on paid maternity leave. You will not receive this allowance when you move onto unpaid leave. You retain the right to receive the allowance on your return to work. Whilst you are on unpaid maternity leave, your partner/husband’s entitlement to housing allowance may be affected The position is as follows (i) where the partner or husband joined after 1st September 1994, the partner or husband will not receive any rent/housing allowance; (ii) where the partner or husband is entitled to a flat rate transitional rent or half rate housing allowance, then for the duration of the unpaid maternity leave period, the partner/husband will be entitled to receive, as appropriate, the maximum limit transitional rent allowance they would have received had their partner/wife been on unpaid maternity leave as at 31 March 1990 or the standard rate housing allowance.
You must give 21 days’ notice in writing of your intention to return to work, unless you are returning on the last day of the maternity period. Your force should undertake a risk assessment of the role they are expecting you to undertake when you return in the same way as they were required to undertake a risk assessment when you were pregnant.
Are there any special arrangements if I am still breastfeeding when I return to work? The protections of the Management of Health and Safety at Work Regulations 1999 extend to breast‐feeding workers. (Also, the UK Government is a signatory to a declaration that supports breastfeeding and seeks to encourage the development of facilities to allow for breastfeeding or expressing milk.) A risk assessment must be carried out to identify whether there are any particular risks for you as a breast‐feeding mother from the workplace or from the role it is proposed that you perform. Before you return to work you should discuss this with your force. If you wish to continue to breast‐feed after you return to work, you should expect to be provided with hygienic, private (i.e. screened and lockable) facilities and appropriate storage facilities for expressed milk (separate fridge to tea kitty or DNA one).
Few forces have a maternity uniform. Devon and Cornwall do. see sharepoint for details. There is no requirement for you to wear the uniform ‐ you can wear your own clothing provided they are suitable. There are no allowances payable by Devon and Cornwall as they provide a uniform. Most forces expect women to wear their own maternity clothes when their uniform no longer fits. You should check your own force policy agreed at Uniform meeting June 2006, maternity allowance payable ? contact HR Manager for details.
Unless a Doctor certifies that you are not fit enough to attend you must attend. If you are required to attend when you are on police paid maternity leave, your police paid maternity leave will be extended by the period that you were required to attend, but this will not extend your 26 weeks SMP period. However, if you are in receipt of Statutory Maternity Pay, you will lose the SMP for the whole of any week and your statutory maternity leave period will not be extended. You will be paid for the days that you are required to attend court whilst on maternity leave.
Yes. Each parent is entitled to periods of leave totalling 13 weeks unpaid leave for each child below the age of 5 (or 18 weeks up to age 18 for parents of a disabled child).
I am considering adopting a child, will I be entitled to paid leave? In addition to 5 days police paid adoption leave, adopters who have completed 26 weeks service by the end of the week that they are notified that they have been placed with a child, are eligible for up to a further 26 weeks Statutory Adoption Leave paid at Statutory Adoption Pay rate (SAP). SAP is equivalent to the lower rate Statutory Maternity Pay (from April 2005 ?106.00 per week) followed immediately by up to 26 weeks statutory additional adoption leave which is unpaid. Any paid leave taken is reckonable for service ‐ i.e. up to 27 weeks in total for part time officers, the pay for each paid leave day is pro‐rata.
You do not have an automatic right to work part time, but you may request part time working or other flexible working patterns at any time during your service. The Force must treat your application seriously and consider whether you can work in your current post on a part time basis, whether there is some other post that you could undertake part time, or whether you could job share with another part time worker. The Force should provide you with reasonable operational reasons why you cannot work part time. Probationers can also work part time, although their probation period may be extended and particular periods e.g. some periods of training may have to be undertaken on a full time basis. If your application is approved it is best to move to part‐time when you return to duty from maternity leave, not before or during your maternity leave because your circumstances may change whilst you are on maternity leave.
What happens if I have negotiated and it has been agreed that I will return from maternity leave as a pan‐timer, but on that day, I am sick? If you have been appointed to start part‐time hours on a particular date, you will go onto the part‐time pay that you would have been paid had you been available for work.
In many circumstances operational duties will pose particular risks for a pregnant woman. Forces must undertake a risk assessment and discuss the risks with you. You should discuss those risks with your doctor. If there are risks associated with your role the Force may remove those risks from your role or offer you a restricted duties role. If your Force does not do so or does not undertake a proper risk assessment you should discuss these concerns with your Federation Representative immediately.
This depends on the risks that have been identified by the risk assessment in your particular circumstances. The Force should not make any knee‐jerk” or “blanket” decisions about your duties without doing a risk assessment, discussing it with you, obtaining medical advice and allowing you to discuss the issues with your medical advisors. There should be the opportunity for you to come to an agreement with the Force in the full knowledge of your and their concerns. There may be parts of the job that could be removed that would enable you to continue doing the main duties of the role.
This will depend on the nature of the training. If risks have been identified by the risk assessment, but you are keen to continue with the training, the Force should consider whether there are any adjustments that could be made to the training programme which would allow you to continue without having to cease the training altogether. For example, if part of the training involved vigorous role plays, it might be possible for you to continue the training by watching the role plays rather than taking part in them.
Your pay and benefits are protected whilst you are pregnant and remain at work. You should not lose any pay or benefits because you were moved from a post which attracted additional remuneration to a restricted duties post as a consequence of your pregnancy.
Should I be required to return to operational duties when I am breast‐feeding? This depends on the risks that have been identified by the risk assessment in your particular circumstances. Again, the Force should not make any “knee‐jerk” or blanket” decisions about your duties without doing a risk assessment, discussing it with you, obtaining medical advice and allowing you to discuss the issues with your medical advisors. There are different potential risks for a breast‐feeding mother (and her child) in comparison with a pregnant woman and the risk assessment should reflect this. The possible risks could include in increased risk of exposure to dangerous chemicals or other noxious substances, a possible inability to express milk at regular intervals in a safe and hygienic environment and the practical difficulties associated with wearing a protective vest and increased fatigue and stress.
What facilities should the Force provide if I am still breast‐feeding when I return to work? You should have access to a private and hygienic room in which to rest and express milk. And separate cool facilities should be available for you to store breast milk securely until you leave work.
This is entirely a matter for you. The exact legal position is unclear, but you should not suffer
less favourable or discriminatory treatment because of your desire to breast‐feed.
Notify District/Departmental HR department (if you have one) and request a Maternity
Pack. Your supervisor should carry out a Risk Assessment immediately and at regular
intervals throughout your pregnancy and your views should be considered. You should take
this risk assessment to your midwife/Dr for their approval.
This pack will be sent to you and will contain details about when to notify the force you are
commencing maternity leave, your entitlements to attend appointments, risk assessments
and types of duties you can be expected to carry out. Also your entitlements to maternity
If you encounter any problems, or need support contact your Federation Representative (via
outlook or federation office). In addition visit the documents page on this website at for a
number of documents related to pregnancy.
The Police Service is committed to promoting a workplace culture that provides a supportive
working environment for women who may want to become pregnant, are pregnant, are on
maternity leave or who have just returned from maternity leave. This guidance is issued by
the Police Negotiating Board to assist Forces to operate best practice arrangements in this
There are several pieces of legislation that relate to maternity, including health and safety
legislation, regulations relating to statutory maternity pay as well as Police Regulations and
Determinations 2003, the Police Scotland Regulations 2004 and the Police Service
Regulations of Northern Ireland 2005. Forces should ensure that women officers are
provided with all relevant current information on maternity provisions as defined in the
relevant legislation and should provide accessible updates when changes are introduced.
While it is ultimately for the chief officers to decide, officers should, if possible, be able to
take two weeks of their annual leave between 1 June and 30 September if they so wish.
Maybe. The only time this happens is if you are officially on-call for something, and you receive a telephone call about the matter for which you are on call. This is classified as a recall to duty and you may reckon a minimum of four hours overtime at the appropriate rate for the sort of day it is (working day: time and one third; rest day or public holiday: double time).
NB. The Federation does not believe that any officer should be on-call on a rest day or public holiday, but it happens.
The authority for this derives from the case of Lavelle v Chief Constable of Northumbria, which was about a Police Search Advisor. The Judge said,
“In the first place it is necessary to see whether on a particular occasion the Claimant was doing something he was required to perform. If he was, it matters not that he does not receive a specific instruction, “you are recalled to duty.” He is being recalled to his duty by the fact of the call upon him at a time when it is his duty to respond. For that reason, I would distinguish those occasions when the Claimant was not actually rostered as on-call. On those occasions, he could, if approached for help, do as he did on one occasion and refer the enquiry to someone who was. If on those occasions he took the call, he was strictly, it seems to me a volunteer doing what he did as a matter of goodwill and no doubt because it would reflect well upon him that he did it.
“Second, I do not think that there would be a recall to duty if the Claimant did not engage in some way with the call in a way that amounted to a performance of his duty as a Police Search Adviser. Even on occasions when he was rostered, if the result of answering the call was simply to deflect it in some way, because there had been a mistake in calling upon him or the call was about something which was outwith his particular expertise, or for some other similar reason, it would not seem to me he was recalled to his duty. But if he engaged with the enquiry and dealt with it within the scope of his duty as a Police Search Adviser, it seems to me that it falls within the Regulations as a recall.”
The judgement makes clear that if the officer was on-call, but contacted about something that had nothing to do with him/her being the on-call Police Search Advisor, it did not constitute a recall to duty.
If you are called about a court warning, duty change, or anything else work-related, you are not being recalled to duty and there is no overtime claim. However, the telephone conversation (on-call or not) does constitute working time and should be recorded as such.
Joint Branch Board