Overtime, RD's & Public Holidays
The overtime provisions are found in Regulation 25 and Annex G of Police Regulations 2003.
Overtime for constables and sergeants is potentially payable (or time off in lieu may be taken) when:
- they remain on duty after their tour of duty or rostered shift ends;
- they are recalled between two tours of duty or rostered shifts; or
- they are required to begin earlier than the rostered time without due notice and on a day when they have already completed their normal daily period of duty or rostered shift.
Where members are informed at or before the commencement of their tour or shift that they will be required to remain on duty after the tour or shift ends, and they work less than 15 minutes’ overtime, they will not be eligible for any allowance.
If they work between 15 and 29 minutes’ overtime, they will be paid for the first 15 minutes only.
If they work 30 or more minutes, they will be eligible for overtime for each completed 15 minute period.
This term applies where members are not informed at the commencement of their tour of duty or rostered shift that they will be required to remain on duty after the tour or shift ends. On each of the first four occasions in any week when they work casual overtime, not having been informed at the commencement of the tour or shift that this would be required, the first 30 minutes of such overtime worked is disregarded in calculating the overtime allowance due. This disregard applies also to equivalent time off, should they choose time off in lieu of paid overtime.
Also, if a member is not informed at the commencement of his/her tour of duty or rostered shift that s/he will be required to remain on duty after their tour or shift ends, and the overtime worked is less than 30 minutes, no allowance is payable.
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 disregards 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 JBB Circular 8/2016.
Advancing the start of duty from the rostered time
When the commencement time of a rostered duty or shift is brought forward without due notice so that the duty straddles the start of the force day, and the tour or shift is begun on a day on which the member has already completed a normal rostered tour or shift, the time worked before the rostered commencement time is reckonable as overtime, and is also taken into account as part of that tour of duty or rostered shift.
Assume the Force Day commences at 06.00. The rostered tour of duty on day two is 06.00 – 14.00. The member had already completed a full tour on day one and is told at 02.00 (on day one) to attend for duty at 04.00 and work until 14.00 hours on day two. The member will be entitled to an overtime allowance at time and one third for the period 04.00 - 06.00, plain time for the period 06.00 - 12.00, and time and one third for the period 12.00 - 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”.
Members should be given as much notice of the duty change as possible and every effort should be made to ensure that notice is given before the end of the tour or shift prior to the one that is to be changed.
Rate of payment
The overtime allowance, where payable, is time and one third, or equivalent time off in lieu can be taken. It is the member’s choice whether to take the allowance or time off in lieu.
REST day and public holiday working
The rest day and public holiday provisions are found in Regulation 26 and Annex H of Police Regulations 2003.
Compensation for duty on a rostered rest day
Where constables and sergeants are required to do duty, or are recalled to duty, on a rostered rest day they are entitled to:
- where less than 15 days’ notice is received - time and one half; and
- in any other case - another rest day which should be notified to the member within four days of notification of the requirement to work.
If the period of duty carried out on the rest day is less than four hours, the appropriate allowance will be paid for a minimum of four hours.
The only exception to this is where the member is retained on duty from a rostered duty or rostered shift into a rest day and the period worked on the rest day is not more than one hour of duty. In these circumstances the minimum four-hour payment does not apply and the rest day time to be reimbursed counts as the number of 15 minute periods actually completed (there is no half hour disregard for casual overtime).
A re-rostered rest day is subject to rest day compensation in the same way as a normal rest day if there is a requirement to work on that day.
When calculating the number of days’ notice given, both the day on which the requirement was notified and the day on which the member is required to do duty are not counted.
Compensation for duty on rostered rest days and free days within a period of annual leave
PNB Circular 2014/8 details a Police Negotiating Board (PNB) agreement which provides that where an officer, including a member of the inspecting ranks, is required to work on a rest day or a free day within a period of annual leave, that day shall be compensated as if it were a day of annual leave or a day taken off in lieu of overtime. See Section H of this booklet for details of compensation for working on a day of annual leave or a day taken off in lieu of overtime.
In these circumstances a period of annual leave is defined as a period of absence from duty of five days or more where at least one of those days is a day of annual leave and the other days are rostered rest days, days taken in lieu of overtime,& public holidays or free days (or days taken in lieu thereof).
Forces should make every effort to avoid recalling members to duty during their rest days, particularly when they fall within a period of annual leave. Changes to published rosters should be kept to a minimum and only made due to exigencies of duty or at the request of members. Any changes to rosters should only be made after full consideration of operational, welfare and practical circumstances.
This agreement is with effect from 1 May 2014. As at August 2016 we still await this provision being put into Police Regulations 2003 and determinations.
Compensation for duty on a public holiday
When required to do duty on a public holiday constables and sergeants are entitled to:
- where less than eight days’ notice is received – payment of double time plus another day off in lieu, to be treated as a public holiday;
- in any other case - payment at double time; and
- if the period of duty carried out on the public holiday is less than four hours, the appropriate allowance will be paid for a minimum of four hours
A requirement to work on a public holiday with less than 15 days’ notice must be authorised by an officer of least assistant chief constable rank.
Public holiday substitution
Constables and sergeants may, with the approval of their chief officer, substitute a day which is not a public holiday for any day which is a public holiday (as defined in Regulation 3(1) of Police Regulations 2003), with the exception of Christmas Day.
Further information on this provision can be found in Annex E, paragraphs 4a (iii)-(vii) of Police Regulations 2003 and JBB Circular 33/2012.
Work in excess of a tour or rostered shift on a rest day or public holiday
There is no entitlement to overtime on a rest day or a public holiday. All hours worked attract the same level of rest day or public holiday working compensation.
Time off in lieu – rest day or public holiday
Members may choose to take time off in lieu of any time worked on a rest day or public holiday. The amount of time off varies in accordance with the allowance payable (e.g. if the allowance is double time, the time off is double).
Volunteering to work on a rest day or public holiday
If a member requests to work on a rostered rest day or public holiday the day shall be treated as a normal duty day and the member will be granted another day off in lieu, which shall be treated as a rest day or public holiday (as appropriate).
However, Home Office Circular 39/1985 states that responding to a management request for volunteers should not be treated as a request by the officer concerned to perform duty on the day in question. Therefore, in these circumstances the normal compensation arrangements for rest day or public holiday working will apply.
Reinstatement of cancelled rest days and public holidays
PNB Circulars 85/9 and 86/2 record PNB agreements relating to cancelled rest days or public holidays in anticipation of an operational need, for which in the event the constable or sergeant is not required to attend for duty.
Where more than seven days’ notice is received that the member will not be required to work on the rest day/public holiday, the rest day/public holiday will be taken, with no compensation.
Where seven days’ notice or less is received of the cancelled duty requirement, the member may either choose to take the rest day/public holiday or work and claim compensation in accordance with Police Regulations 2003. Legal advice suggests there is no entitlement to work a full tour of duty or rostered shift on such days.
Telephone calls received whilst at home
Answering the telephone does not necessarily constitute a recall to duty and therefore may not attract the minimum four hours’ rest day or public holiday compensation provided in regulations.
If a constable or sergeant 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.
Travelling time treated as duty
Subject to any reasonable limit imposed by the chief officer, travelling time to and from duty on a rest day or public holiday may also count as duty for constables and sergeants. It will not count from the point at which travelling time and the period of duty exceeds six hours.
Produced and issued by Research and Policy Support PFEW HQ - updated August 2016