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So that officers have a better understanding of their rights or entitlements in Police Regulations, the Joint Branch Board has asked me to send you regular information on areas such as overtime, rest days, refreshments, recalls to duty, part time working, and annual leave.

  1. Custody Officer Refreshment Breaks
  2. Police Driving - Legal Vulnerabilities
  3. Why do i have to work the first half hour of ovetime for free?
  4. Retirement and Annual Leave
  5. Overtime
  6. C.T.O.
  7. CTO deducted on a PH?
  8. Refreshments
  9. Injury at Work - Update
  10. Injuries at Work Flowchart
  11. Flexible Working
  12. Part Time Working
  13. Dependants leave
  14. Medical Pensions
  15. Stress in the Workplace
  16. On-Call and Booking on and off DMS
  17. PFEW Sickness / Medical Retirement Circular
  18. Ill Health Police Pensions
  19. Pensions
  20. Types of Pension - Old (1987) Police Pension Scheme
  21. Pensions FAQs
  22. Injury Awards & Police (Injury Benefit) Regulations 2006
  23. Tax Relief - Money in your pocket
  24. Rest Days
  25. Rest Day Notification
  26. Commutation Factors / Added Benefits
  27. Changes to Criminal Injuries Compensation Scheme
  28. Confusion on 'normal or usual place of duty'
  29. Public Holiday entitlements
  30. Employment Appeal Tribunal Bear Scotland vs Fulton: overtime payments and holiday pay

Know Your Rights


Police Driving - Legal Vulnerabilities

You may well be aware that a Kent Officer, PC James Holden was recently acquitted at Crown Court for dangerous driving.. The circumstances around the case are widely reported in the press so I will not go over them again.

Following the trial a number of issues were raised which caused the Police Federation great concern. The main issue is the lack of legal protection for police officers who are engaged in pursuits. The law is quite simple with regard to dangerous driving - there are no exemptions for police officers and you will be judged the same as a member of the public would be judged.

Your training and experience as a pursuit trained driver do not offer any protection. In addition, it matters not whether you are pursuing somebody for no insurance or a terrorist matter, the law does not take that into consideration.

Following the case, the Federation retained Barrister wrote a report to outline his concerns. Once the local Federation office had reviewed this document they raised this as a national issue to the Police Federation of England and Wales (PFEW). The national response has been swift, and following discussions with ACPO, a paper (along with our Barristers report) has been sent to the Director of Public Prosecutions. The DPP, Keir Starmer QC is now reviewing the law around this area. We must see this as a positive step.

In addition ACPO have written to all Chief Constables explaining the current situation.

The long term aim of the Federation is to seek a change in the law which would see trained emergency drivers offered some legal protection when performing their role. Clearly any change in the law will take time but until any change is implemented, I feel I am duty bound to make you aware of the risk you face when engaged in a pursuit.

Some of you may expect the Police Federation to advise officers on whether they should engage in pursuits at all so let me make it clear, I am not advising any officers on whether they should or should not pursue. What I am doing is making sure you are aware of the lack of legal protection you have and what we are doing to try and get support in place.

I understand this will cause some of you concern, but I feel it important that you are kept updated. To that end I have attached the letter from ACPO and the report from our Barrister for your information.

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Why do i have to work the first half hour of ovetime for free?

'In 1994 the first 30 minutes of casual overtime worked on the first four occasions in any one week (defined as Monday to Sunday) was 'bought out'.

As a result of the 'buy-out' police officers basic and pensionable pay increased by £270. With pay rises over the years that figure is now worth £445.

As a result of that 'buy out', an officer retiring today will get an extra £1,640 in their pension lump sum and an extra £212 per annum in their pension.'

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Retirement

Officers with 28 years or more service are currently being interviewed by senior management. Police Regulation 14 Annex D is clear about retirement - 'a member may retire only if he has given to the police authority one month's written notice of his intention to retire…'. It is for the member to give that notice and no one else. A police officer who has completed 30 years service and is entitled to a two thirds pension cannot be compulsorily retired, save in truly exceptional circumstances.

Annual Leave

Carry Over
Where the full period of annual leave has not been taken in the leave year (April to March) the Chief Constable at his discretion and subject to the exigencies of duty, can allow the carry over to the next year of no more than five annual leave days. The Chief Constable can allow more than five days to be carried over if there are exceptional circumstances and it is in the interests of efficiency to do so.

Bring Forward
The Chief Constable at his discretion and subject to exigencies can allow no more than five annual leave days to be brought forward from the next leave year into the last month of the current leave year (ie. March ). Next years leave will be reduced by the amount brought forward.

Recall to Duty from Annual Leave - Compensation

  • One annual leave day worked - Either two days annual leave to be given as compensation Or one days annual leave plus one day pay at double time
  • Two annual leave days worked - Either four days annual leave to be given as compensation OR two days annual leave plus two days pay at double time
  • For each annual leave day cancelled after the first two days are cancelled, then 1.5 annual leave days should be awarded for each day cancelled OR one annual leave day plus 0.5 days pay at double time.
  • If rest days, rest days in lieu, or public holidays are cancelled in connection with the period of leave that is cancelled, then the compensation is as per the rest day or public holiday regulation and not the annual leave regulation.

Sickness
An officer who has booked annual leave but is then injured or becomes ill and is unable to take the leave or holiday is able to cancel the period of annual leave and take it at a later date. If the officer becomes ill whilst away on holiday, the force should be notified as soon as possible so as to maximise the prospect of being able to reclaim the annual leave.

Termination of Service
If you take too much leave in proportion to the year you when you finish service, the force can deduct the relevant amount from your pay. Also if you take too little leave you will be entitled to extra pay when your service finishes.

Annual Leave is provided by Regulation 33 and Annex O of Regulations and Determinations 2003.

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Overtime

Overtime for Constables and Sergeants can be paid or taken as CTO when the officer remains on duty after their tour ends, or the officer is recalled to duty, or the officer is required to begin duty earlier than their rostered start time without due notice and on a day when they have already completed their normal period of duty ('advancing the start').

Planned Overtime :This is where the officer is informed at or before the start of their tour of duty that they will be required to remain on duty after the tour of duty ends.

If the officer works less than 15 minutes overtime then they are not eligible for any pay or CTO for that period Between 15 and 30 minutes worked then pay or CTO is eligible for the first 15 minutes only If more than 30 minutes are worked then the whole of the overtime worked is eligible for pay or CTO

Casual Overtime: This is where the officer is not informed at the commencement of their tour of duty that they will be required to remain on duty. Clearly this should only happen where events occur (eg. arrests or disorder) that were not reasonably known about at the start of the tour.

The most contentious part of casual overtime is the first 30 minutes:

On each of the first four occasions in any week when casual overtime is worked, the first 30 minutes of each of the four overtime periods is disregarded. The week period is a 7 day period beginning with such a day as fixed by the Chief Officer and in Lancashire the week period is Monday to Sunday. So disappointingly if you work five extended tours of duty from Thursday to Monday, then the fifth period of Monday falls outside the week and so the first 30 minutes of overtime on that Monday would be disregarded. However if you worked Wednesday to Sunday, the fifth day on the Sunday would count as part of that week. The correct recording of your working hours on DMS is essential.

Recall to Duty: If you are recalled to duty, for a period of less than 4 hours on a public holiday or a rostered rest day or, for a part -time member, a free day, then you are entitled to be paid a minimum of the hours you work plus 1 hour travelling time.

The only exception to this is where you work on into a rest day or free day for a period of not more than one hour, in this instance the period of not more than one hour of duty counts as the number of period of 15 minutes actually completed.

If you are recalled to duty between two rostered tours of duty, then you are not entitled to a minimum of four hours, you only get paid overtime at the appropriate rate for the actual hours worked. . You are however also entitled to claim relevant travelling time as overtime in addition to the normal hours worked. Travelling time in Lancashire is normally one hour total per recall. Example: Officer working 7am x 3pm is recalled to duty at 7pm and works on until 9pm. Entitlement: 2hrs overtime for the hours worked and 1hr travelling time.

Telephone calls received at home on rest day or after tour of duty ends: This does not normally constitute a recall to duty and no compensation is provided for in regulations unless the call requires necessary action or duty to be performed, then the officer may be eligible for appropriate compensation.

'Advancing the start' and working into a rest day or public holiday will be covered at another time.

Overtime is covered in Regulation 25 Annex G of Police Regulations and Determinations 2003.

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C.T.O.

Where a full time Constable or Sergeant works overtime, it is the choice of the officer who works the overtime whether the overtime should be taken as pay or CTO. It is not the choice of management. The officer must make that choice in that pay period, which I interpret as before the end of the month. The pay or CTO should be paid at the correct rate of time and a half, or time and a third. Or on a Public Holiday double time.

A manager can ask you to voluntarily work overtime for CTO. You can though decline to do so.

You should be allowed to take that CTO as time off within a 3 month period. If you are not allowed to take the CTO within the 3 month period then you are entitled to be paid for it instead - indeed it should be automatically paid into your salary.

You can be refused a request to take CTO due to the exigencies of the service - such as a known event. Basically if you ask for time off at such a key time and that request if refused, you are still entitled to be paid for any CTO not taken off within the 3 month period.

Local arrangements in Lancashire show CTO as a total on DMS. Historically CTO has been carried over for several years. These are local arrangements including the 120 unit limit and they exist outside Police Regulations.

You cannot be lawfully told to take time off as CTO (ie. a manager cannot tell you that you have to take CTO on a certain date), although you can be asked to reduce your CTO levels.

If you encounter problems with CTO please contact your local Federation Representative.

The above is covered in Regulation 25 (see also Annex G) of the Police Regulations and Determinations 2003.

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CTO deducted on a PH?

There is a short and long answer to this query:

Short: It is all based on the hours that you are meant to work in a year. PHs are declared as 8 hours and you must fit 2080 working hours (52x40 minus leave and PHs) into a year. So if your shift was scheduled for 10 hours then there are still 2 hours to find to fit your working time into that year.

Long: In 2003 ACPO standardised the PH working day as 8 hours. It had been a mess all over the country since the introduction of Variable Shift Agreements. Consider that a colleage who works 8 hours per day gets 8 bank holidays off a year which equals 64 hours. However a colleague who worked pure 10 hour (Ottawa) shifts when they were introduced got 8 bank holidays off per year which equals 80 hours. Some colleagues were not happy that some other colleagues got more bank holiday time off than them.

Of course the force in question who first queried this saw an opportunity to recoup many working hours of operational duty across the force and they based their resaoning (using the 1995 Regs) firstly on Regulation 27 (Rostering) and then on Regulation 29 (PHs), and then on Regulation 24 which gave a standard 8 hour working day.

However Regulation 26 effectively means that in a year when there are eight public holidays, an officer must work 2016 hours normal duty time using the formula 52x5x8-(8x8)=2016.

This works in the regulations using 52 weeks in a year, 7 days in a week less 2 rest days, 8 hours is the default regs working time, 8 public holidays in a year.

The formula was re-examined when the 2003 regulations came into effect and Regulation 22 Annex E support the above.

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Refreshments

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. An exigency is 'a pressing need or requirement which cannot be reasonably avoided'. However, this does not mean that refreshment periods can be abused or ignored. I am aware from feedback from members that refreshment breaks are increasingly being interrupted or that 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 where a worker's daily duty time is more than 6 hours they are entitled to a rest break. This is a minimum standard and it does not mean that the minimum standard 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 if 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. However initial communication with your line manager to explain the problem should be the first resort.

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 Federation Safety Representative. This will allow the Safety Representative to monitor the situation and provide the evidence to raise the problem at Divisional or Force level Health and Safety meetings. This will ensure that the problem is addressed by the local manager and if it is not, we can address it through a complaint to Employment Tribunal or Health and Safety Executive as outlined above.

All members will shortly receive the Federation Quick Reference Guide to Police Regulations through the post. Information will continue to be supplied on issues like Part Time Working, Working Time Regulations, Half Pay issues and Industrial Injuries.

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Injury at Work

Many officers are still unaware of their Industrial Injury entitlements and as a result officers are financially missing out and are potentially in the longer term putting themselves at risk.

If you are injured at work you must ask your supervisor to record the details of the injury or accident on the Force reporting system. Many of you will say that minor cuts and bruises for example, will cause no lasting harm. But if they do cause lasting harm and the matter is not recorded properly then your position at work (should sickness issues be relevant), or your future appropriate pension arrangements could be in jeopardy.

Federation Safety Reps carry out investigations into injuries and accidents at work and they can make recommendations to the Force to improve safety. There are good information sharing arrangements in place between Force Health & Safety Officers and Federation Safety Reps with the result that all officers who are injured at work (If the injury is recorded and shared with the federation) get a letter explaining their entitlements. If matters are not reported then the chances of making improvements are slim.

Recent changes silently introduced by the Welfare Reform Act 2012 mean that you are no longer allowed to simply register an injury with the DWP. It is therefore crucial that the injury is logged at work in the first place.

However you can apply for Industrial Disablement Benefit on form Bi100A. This is paid by the Government. Forms can be obtained from the Federation Office and Force HSOs, and also online from DWP. You can download the form using the following link:

http://www.dwp.gov.uk/advisers/claimforms/bi100a_print.pdf

You can apply even if you are still at work and not off sick. The benefit equates to at least £130 per month and is paid temporarily if you are assessed by a medical examiner as being 14% or more disabled. Applications can also relate to historic injuries. Please forward the application in the first instance to the federation office at HQ.

If you are permanently disabled to 14% or more then the benefit is payable for life.

If you claim within 3 months of the injury it can be backdated to when the injury happened. Claims cannot be backdated for more than 3 months under any circumstances.

Negligence claims can be funded through your Federation subscriptions and assistance in this area is also available through the Group Insurance Scheme - if you are a subs payer to that scheme.

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Flexible Working

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 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 2 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.

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Part Time Working

Part Time Working is governed by Police Regulations, a number of other regulations and also Home Office Guidance. Both the staff member and the manager should start any negotiations from a well informed and flexible position. Any other position from either the manager or staff member will cause significant difficulties.

The following advice is essentially advice on remuneration and has been interpreted based on long standing Police Federation advice in this area.

Officers who work part time are paid at an hourly rate pro rata to the salary they would receive if they were full time. The pay scale, position on the pay scale, and the annual leave entitlement are still governed by their length of service. I have used an officer working 32 hours per week as an example. Clearly there are many other amounts of hours per week that could be worked.

An officer working 32 hours average per week would be entitled to 80% of the annual leave entitlement of an officer working 40 hours per week with the same level of service. Similar rules apply to housing or rent allowances where the officer qualifies.

If the 32 hours per week officer worked an extra 7 hours per week, the compensation for those 7 hours is paid or taken as time at the flat rate of plain time and not the enhanced rate. However there is no loss of 30 minutes at this point. If the officer were to work above 40 hours in that week then the enhanced time and a third rate would kick in after 40 hours, and the officer would be liable for the unplanned 30 minute penalty after 40 hours if the overtime from that point had been uninformed at the start of the tour of duty.

Part time officers have the same rights as full time officers when it comes to rest day cancellation. The 15 day notice period is the same as is the 4 day reallocation period, and the compensation rates for less than 15 day cancellations are the same as full time officers.

In addition to rest days, duty days and public holidays, an officer who works part time is likely to have an additional type of day in their duty roster and these are called 'free days'. A free day is when it has been agreed that the officer will not work. All officers are entitled to two rest days per week.

Free days can be cancelled just like rest days but the compensation rates are different depending on the reason for cancellation.

  • If the reason for cancellation is because only the part time officer can do that duty (giving evidence at court is the main example here), the compensation rate is either a free day back if more than 15 days notice were given, or if less than 15 days notice were given, then plain time or CTO is paid.

  • If any officer can do the duty (say cancelled for a football match) the 15 day notice period still counts, and if less than 15 days notice given then the compensation should be at either double (less than five days notice) or time and a half ( five to 14 days notice) - pay or CTO.

All officers are entitled to 8 hours paid leave on a public holiday so an officer working 32 hours per week would be entitled to (80%) 6.4 paid leave hours each public holiday. Where a public holiday falls on a 'free day' the officer is entitled to the pro rate public holiday leave ie 6.4 hours in the above example.

If the 32 hour officer was rostered as part of their rota to work an 8 hour shift on a public holiday but the officer took the day off, then the officer would owe the force 1.6 hours time back. The time could be worked as additional hours in their shift pattern such as adding the 1.6 hours onto a tour of duty - but please ensure it is recorded on DMS.

Part time working is governed by Police Regulations and Determinations, but in addition to that, Home Office Guidance on Flexible Working in the Police Service should also be taken into account. The Home Office expect their guidance to be adhered to and the guidance has been relied upon both by sides in litigation.

Last but not least the Part-Time Workers (prevention of less favourable treatment) Regulations 2000, are employment law but apply to the police service. Managers would do well to read the Regulations lest they fall foul of a 21 day request under the Regulations. I hope to comment more on this area in future information.

All information so far in the series has been placed on the below website.

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Dependants leave

Police officers are entitled to take dependants leave in certain circumstances. Police Regulations define a dependant as a spouse, child, parent, someone who lives in your house but not a lodger, and someone you would normally care for.

Essentially this regulation came about as a result of the Employment Relations Act 1999. Police Officers are not employees and so a Police Regulation (33 Annex T) was brought in.

The key to the success of any request for dependants leave is a good relationship between the officer and a well informed manager.

The Regulations essentially (paraphrasing) say the following. The words in brackets are my interpretation and mine only purely to give some advice.

'A member of a police force is entitled to be permitted by the Chief Officer to take a reasonable amount of time off during normal duty periods to take action which is necessary to:

  • Provide assistance on an occasion when a dependant falls ill / gives birth / injured / assaulted
  • To make arrangements for the provision of care for an ill / injured dependant (ie. perhaps a couple of hours to get someone in to look after them)
  • When a dependant dies
  • Because of the disruption / termination of care for a dependant (ie. get new nursery place etc / grandparent moves away)
  • Deal with an incident which involves a child of the officer and is unexpected and is in school hours when the child should be at school (ie. not summer holidays etc)

You must tell the Chief Officer as soon as possible and tell them how long you will be off. Dependants leave shall be treated as duty time.'

Police Negotiating Board (PNB) circular 01/22 on dependants leave is pretty unhelpful and clarifies only that this applies to short term difficulties of 1 or 2 days and that the leave is paid leave.

The Force Policy on Pipeline D7751 also quotes police regulations and does not really give guidance.

Pipeline D80071 mentions 'special leave'. Special Leave was authorised by the Police Council Circular (the old PNB) 9/75. This sort of caters for dependants leave but was written in 2001 before the new police regulations started. The most important part is at the bottom under 'approval'. Your division can authorise up to 6 days off and then HQ longer - however this is force policy and is not in line with the above regulation.

As a guide if what you ask for is 'reasonable' then it would comply with the above. My view is that it is the Chief Constable who would decide what is reasonable in implementing practice in the work place. It is very hard to put a limit on an annual amount of dependants leave that would be reasonable. Certainly there is no broad rule and each case should be judged on its merits.

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Medical Pensions

'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 Practitioner 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 Equality 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.'

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Stress in the Workplace

Your Federation representatives have seen a dramatic recent increase in the amount of questions being asked by members about stress at work, and most of these questions centre around 'work overload'.

Currently 25% of absence is recorded as 'stress'.

If you are under stress at work then little can be done about it unless your manger knows about it and you can prove that your manager knew about it. If an employer knows or ought to know about work overload for example, then any psychiatric harm should be foreseeable. In essence, the employee should warn their manager of their concerns.

There are three legal requirements which must be established before an employer is in effect liable for a psychiatric illness caused by stress at work:

  • That it was foreseeable that the officer was at risk of mental breakdown because of their work,

  • That your employer was in breach of its duty of care to prevent such foreseeable injury by failing to take reasonable precautions to prevent such illness, and

  • That the psychiatric injury occurred as a result of the stress at work

However even where managers have repeatedly heaped work on a buckling staff member, no claim against the employer is likely to succeed without a psychologists report confirming that a psychiatric disorder has developed because of occupational stress.

Stress in the workplace will be best managed and minimised by a manager who understands and knows their staff and their workload and who does something about it, and by staff who feel able to talk freely with their manager.

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On-Call and Booking on and off DMS

The IBB fundamentally opposes the principle of 'On-Call'. We believe that when members have finished their days work they should be free, other than in exceptional circumstances from any expectation to return to work or have restrictions placed upon their private lives.

In short, 'On-Call'is voluntary. You don't have to do it.

In our view 'On-Call' is just another means by which every last drop of resilience is extracted from those within our ranks. Except for a very few exceptions we believe that 'On-Call' could be totally eradicated if the roles that Lancashire Constabulary believe need to have an 'On-Call' capability were properly resourced.

But, if you do 'volunteer', please remember that any time spent giving advice on the phone, granting authorities, travelling when called in etc. is working time and must be recorded in line with both Police and Working Time Regulations. Thus it is not uncommon for colleagues who have volunteered to be 'On-Call' to be booked on and off on numerous occasions.

If you receive calls at home related to your role that require you to take some positive action, whether that is to give advice or make a decision, those hours should be shown as hours worked under Police Regulations. By taking action in any way you are liable for the decisions you make and therefore acting in your capacity as an 'employee'. If you are not booked on duty this might affect your ability to access Federation funds for legal assistance should any decision you take be subject to scrutiny.

If you are not called out or contacted, you cannot book working time.

It is vitally important that any officer who volunteers to be 'On-Call' ensures they are provided with the following information (preferably in writing):

  1. That they are being asked to be 'On-Call'
  2. What is expected of them, duty performance wise, when 'On-Call'
  3. What restrictions are being placed upon the individual's private life whilst performing 'On-Call' duty
  4. Will they be able to recoup hours worked 'On-Call' and when

Some Divisions already compensate DIs for the hours they work during duty week, but there is no formal agreement so it is currently down to local negotiation.

Currently DMS automatically deducts your refreshment break from your working time hours. I believe that shouldn't be happening and the JBB is taking that up on behalf of all Federated ranks. However, in the meantime, if for some reason you don't take your refreshment break, you need to 'null' the break on DMS. I have attached a very simple guide to doing that.

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ill Health Police Pensions

A police pension is one of the most important but least understood things to a police officer. The practicalities involved in being in the ill health pension process are perhaps the least understood of all. There has been a recent sharp increase in the amount of officers being referred or self referring for an ill health pension. This trend is directly related to the consequences of the current financial cutbacks.

Under the Police Pensions Regulations an officer may be required to retire on medical grounds if he or she is permanently disabled for the ordinary duties of a member of the force. Both Management and / or the Officer can refer at any stage of their career into what is known as the 'H1' process and this is where an outside independent 'Selected Medical Practitioner' is used in effect to make that decision.

Any of the following key capabilities would render an officer disabled for the ordinary duties:

  • the ability to sit for reasonable periods, to write, read, use the telephone and to use (or learn to use) IT;

  • the ability to run, walk reasonable distances, and stand for reasonable periods;

  • the ability to make decisions and report situations to others;

  • the ability to evaluate information and to record details;

  • the ability to exercise reasonable physical force in restraint and retention in custody;

  • the ability to understand, retain and explain facts and procedures.

Permanency is exactly what it says and in most cases there will be extensive medical evidence available both within the force, and with GP and hospital records to show permanency. I do believe that permanency is much easier to show in physical injury type conditions, and much harder to show in psychological conditions for a variety of reasons.

Usually the force will consider any available role for an officer before resorting to the H1 referral process.

I believe that is imperative that if you think you might enter the ill health process that you contact your federation rep to get advice. If you are unsuccessful in your referral your federation subs enable you to challenge any H1 decision.

The above is a little longer than I would normally write but the best I can say in this area is 'don't bury your head the sand and get some proper advice'.

More detail on ill health pensions and police pensions generally is contained in the below link.

http://www.lancashirepolfed.org.uk/what/pensions.htm

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Types of Pension - Old (1987) Police Pension Scheme

I have recently received many enquiries about the different types of retirement available under the pre 2006 Police Pension Scheme. I have listed three types below in addition to the normal 30 year route. The below link is an easy to read, yet comprehensive guide to the scheme.

Short Service Pension
This typically happens where an officer is a late joiner to the service and cannot complete 25 years pensionable service. A Constable or Sergeant can retire at 55 years of age under this scheme with an index linked pension, but they can also work on until aged 60 and thereby accumulate more pension. An Inspector would have to work until they were 60 or have achieved 25 years service before they could retire.

Compulsory Retirement on grounds of Age
A Constable or Sergeant who has achieved at least 25 years of service can retire on the grounds of age at 55. At this stage the pension becomes immediately index linked and an enhanced commutation can be taken. The officer can now though continue working until they are 60 if they wish.

Voluntary Retirement
Possibly one of the least understood pension rights is for all officers to be able to retire when they are 50 if they have 25 years pensionable service. The officer would receive a 30/60ths pension rather than a 40/60ths pension at 30 years service. The commutation at 25 years service is much smaller than at 30 years service, but the annual pension can often be higher than at 30 years service because of the reduced commutation. This type of pension does not become index linked until the officer is 55.

Clearly the route an officer wishes to take will be dictated by many issues including their own finances. Each case is different. Your local fed rep can calculate what different pensions mean to you. The most accurate forecast though is given by LCC Pensions Department.

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http://lancashirepolfed.org.uk/what/pensionsfaq.pdf Injury Awards – Police (Injury Benefit) Regulations 2006

Where an officer ceases to be a member of a police force, and is permanently disabled as a result of an injury received, that is not the officer's own fault, and the injury was sustained in the execution of his duty, the officer shall be entitled to a gratuity, and in addition to an injury pension.

Put simply, when an officer retires at 30 or 35 years service, or on short service, or on grounds of age or through ill health, the officer can apply for an injury award, which is paid in addition to the officer's police pension. You do not have to be retired on ill health grounds to get an injury pension.

The amount of the award depends upon the extent of the disablement and on the now retired officer's ability to work.

There are four bandings to the award with the least amount of disablement attracting at £3500 per annum injury pension, to a maximum banding of over £16000 per annum pension.

Injury Award Pensions can be complex with issues of degeneration or acceleration of existing conditions being critical in the process.

The procedures to get the award are broadly similar to those in the H1 process discussed in 'Know Your Rights #9 - Ill Health Police Pensions'.

The registering of injuries for Industrial Injury purposes as per Know Your Rights #5, and the internal recording of on duty injuries via AR1, can be crucial in the process.

If you think you have been permanently disabled because of an injury received in the execution of your duty, please contact your fed rep for advice.

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Tax Relief - Money in your pocket

After the end of the tax year in April, the Federation Office has had many enquiries from officers regarding tax that they can claim back from the Inland Revenue in connection with payments made for Federation Subs and for uniform cleaning / trade allowance.

When you receive your P60 and end of year tax statement, please check it to see if you are getting the relief that you are entitled to. You will only get tax relief for the fed subs and uniform cleaning if it says that you are getting it on the rear of your tax statement.

The tax relief comes in an alteration of your tax code and this is normally done in the following tax year.

Don't worry if this isn't on your statement, because you can claim back the tax for past years from the Inland Revenue by filling in the letter contained in the below link and posting it to the tax office in Liverpool. Please keep a copy of the letter.

Tax Letter on sherlock

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Rest Days

I have tried to compile all the questions that are asked about rest days and I have tried to answer them below. I have no doubt that there will be more questions, or that the answers might lead to more questions. So please let me have any questions or comments so I can update this KYR on our website to make it as useful as possible.

Q1. Why can a rest day be cancelled?

A rest day can be cancelled for an exigency of the service. This is defined in Police Negotiating Board Circular 86/9, "as a pressing need or requirement that cannot be reasonably avoided. It relates to the situation at the time the duty is to be performed rather than when the cancellation is made. Therefore the requirement to change can be known about many months in advance but it is still an exigency".

PNB 86/9 provides that although rest days can be cancelled for financial purposes (i.e. not enough staff on and the cost of rest day payments to cover etc), managers should also give full consideration to welfare, practical and operational issues.

The reasons for change are too numerous to give all the details but the circular states that these could include, unforeseen public order situations, court attendance, and essential training.

The rest day should be re-rostered to a similar day of the week to the one that was cancelled.

Q2. When should a rest day be cancelled?

The above circular further states that you should be told about the requirement for change as soon as possible but at the latest by midnight on the calendar day before the changed duty is to be performed.

Q3. What are my rights for working on a rest day?

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 the officer receives less than 15 days notice of the requirement, payment or time off (which is at the choice of the officer) at the rate of time and a half. A minimum of four hours should be paid. Or Where the officer receives more than 15 days notice the officer should be given a rest day off in lieu that should be notified to the officer within four days of the cancellation. In Lancashire this should be done by your RMU. Ideally your supervisor should be aware.

Q4. What are the notice periods?

Please note when working out the day's notice you do not count the day you were asked or the day you are required to work. So, for example, if you were notified on the first of the month to work on a rest day on the sixth of the month the notice period is four days.

Q5. How should I be notified of a cancellation?

If you are required to work on a rest day you should be notified in person. The sending of an e-mail is not appropriate and in many cases bypasses your manager. Your manager should know what you are being required to do and should (in my opinion) normally be the one that tells you.

Q6. Why can I be given say four weeks notice to work for five hours at time and a half on a football match?

This is purely voluntary and is outside police regulations. It is popular for the officer because of the five hours pay. The organisation likes it because there are no rest days in lieu owed afterwards.

Q7. I had to remain at work at the end of my shift after nights going onto a rest day. What are my rights?

If you are required to work over following a night shift and this is going into your rest day, you are entitled to claim one hour overtime at time and a half for the first hour. After that hour if you still have to remain on duty you will get a minimum of four hours at time and a half time even if the period of overtime is less than four hours. You do not lose the first half an hour. There is no entitlement to travel time because an additional journey has not been made. You could be required to work the full four hours into your rest day.

Q8. I had to remain at work at the end of my shift after nights going into a public holiday. What are my rights?

If you work from a normal duty day into a public holiday for less than four completed hours, you can claim payment or CTO at double time for four hours, plus a day off in lieu that should be allocated within four days of the change being notified or the hours worked. You could be required to work the full four hours into your public holiday.

Q9. What are my rights when working on a bank holiday?

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 takes 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 the officer will get paid or have time off at the rate of double time, (officers' choice)

If an officer is informed that they are 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) they will also be entitled to another day off which shall be notified to the officer within 4 days of notification of the requirement and which shall be treated for the purpose of this regulation as a bank holiday.

Q10. My rest day was cancelled for an operational reason. I am now no longer required to work on that day because management have scaled the operation down. What are my rights?

When an officer's rest day is cancelled in anticipation of an operational need for which in any event the officer is not required to attend for duty:

Where the officer is told with more than 7 days (and less than 15 days) notice that they will not after all be required to work on the rest day, the rest day will be taken with no compensation. Where the officer is given less than 8 days notice the officer can choose between taking the rest day with no compensation or working on the rest day with compensation in accordance with police regulations.

Q11. I am on rest day on Tuesday but am required to come in to work for earlies at 4am on Wednesday morning. What are my rights?

Assuming the Force day starts at 7am, your rights are exactly the same as in Question 3 above.

Q12. What travelling time can I claim when working on a rest day?

Where an officer is required to be on duty on a public holiday or on a rostered rest day, the period of duty shall include the time taken by the officer travelling to and from the place of duty. This will be disregarded where the period of duty exceeds 6 hours.

Q13. What do I do if my Rest Days are cancelled?

Very few officers insist on their rest day being re-rostered in accordance with regulations. It is the Federation position that you should ask for this to be done. When a cancelled rest day is left "in the bank" as a rest day in lieu it has no protection. We are aware that it is often difficult to get that day back due to other commitments and staff shortages and some officers have excessive amounts of rest days in lieu as a consequence of this.

However, once it is placed back on the roster it has the same protections as any other rest day. It doesn't have less status than other rest days because it is re-rostered and if a manager wants you to work on that day then it has to be for a further exigency. You have to be once again provided with sufficient notice or receive payment if you do not.

Cancelling a rest day and allowing it to be a rest day in lieu is the easy option. Placing it back on the roster makes managers manage, and ensures that you get your time back. Quite simply on a less than cheery note, if you were to die in service, your relatives would be paid any owed annual leave and CTO, but the rest days in the bank would be lost and your relatives would get nothing for them

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Commutation Factors / Added Benefits

Arrangements for Applying More Beneficial Commutation Factors

Normally officers must make their last day of service fall at least two days before their next birthday to ensure that the commutation factor used for calculating the lump sum is based on the age on that birthday and not on the birthday following that. For example, an officer aged 51 who will be 52 on March 31 must make his last day on 29 March to avoid a commutation factor for a person who will be 53 next birthday. An exception is made for officers who are being compulsorily retired on grounds of age, in which case their age next birthday is deemed to be the CRA.

Arrangements for Purchasing Increased Benefits

The Police Pensions (Purchase of Increased Benefits) Regulations 1987 should be administered after 1 October 2006 so that references to the "retirement date", which is defined in the regulations as the date on which a police officer could be required to retire on account of age, are read as meaning the date on which the officer could have been required to retire on account of age under the pre-October 2006 arrangements. Thus a constable will still be able to purchase a maximum of two added 60ths if he or she could only have built up 38/60ths by the age of 55.

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Adverse changes for officers to the Criminal Injuries Compensation Scheme

In late 2012 the government quietly introduced changes to what we know as CICA in order to save money. These changes adversely affect police officers.

Traditionally if you were injured by a violent person when you or a colleague were making an arrest, then you were able to apply for a CICA award. Most officers submit their claims via the federation office. Should there be a need for an appeal then our solicitors would work on the appeal. The cost of the work is included in your subs.

The scheme now contains a clause called 'injured while taking an exceptional and justified risk'. The 'exceptional' clause is the clause that most affects police officers.

Exceptional is now defined by the CICA as 'unusual, and was not something which you were trained to deal with. We will not compensate people who were injured while doing something that would be expected of them in the normal course of their employment'.

We have now cases where officers who have suffered broken bones and / or career threatening injuries arresting a violent offender, have had their CICA application refused based on the above 'exceptional' clause. The cases are with our solicitors pending appeal.

My advice is for you to still submit CICA claims through our office, but I ask you to be specific and detailed about the incident, and ask you to concentrate on covering what was exceptional. Certainly any occasion dealing with a weapon must be exceptional as must as incident where you are outnumbered, and where a dog is used to assault or attack you. If your claim is rejected I urge you to appeal using our solicitors.

What is less clear is what the CICA stance would be if you were attacked by a compliant person who perhaps gave you little indication that they were an offender. These are early times and we will work to challenge what I believe to be unfair, detrimental, and short sighted changes.

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Confusion on 'normal or usual place of duty'

'Fed reps have been contacted by several officers recently who are being asked to book on or start duty away from their home station, or are being told that 'your role / division means you can be told to start anywhere'.

Police Regulations are very clear that police officers must have a specific usual or normal place of duty, and the details of this can be found at:

  • Regulation 22 (Duty) Annex E Para 9 (b)
  • Regulation 35 (Removal Expenses) Annex V Para 2 (iii)(a)(2)
  • Regulation 35 (Food & Accommodation) Annex V Para 3 (c)(d)(e)

On some occasions in some very simple cases it benefits some officers to agree with a manager to work outside police regulations and to do a short term duty away from their usual normal or usual place of work - the benefits to the individual can be (amongst other things) shorter travelling times and less mileage. This is totally voluntary and by agreement and should be very carefully considered by the manager and the individual.

On most occasions the risks of doing this informal arrangement are high:

  • Have you got business insurance for your car?
  • Are you being asked to take home baton, cuffs, pava etc, and transport them in your own car?
  • If you are given a hire car on police insurance, then the moment you get in it you must be on duty.

If you are asked to work elsewhere on a tour of duty then you should book on at your usual place of duty, collect your appointments, and if the location is not in walking distance, you should be provided with a police vehicle or a lift to get there and back at the end of your tour of duty.'

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Compensation for Duty on a Public Holiday Reg 26 Annex H

Where you are required to do duty on a public holiday, you are entitled to:

With less than 8 days' notice: - Double time payment and another day off in lieu

In any other case: - An allowance at the appropriate rate i.e. double time

15 Days notice of requirement to work on a PHL:

- An officer shall not be required to do duty on a day which is a PHL with less than 15 days notice unless authorised by an assistant chief constable. '

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