- Half Pay Calculations - from date of reporting sick - and the officer has Group Insurance
- What is a lawful order?
- Travel Time
- What can you tell me about the entitlement to overtime?
- Rest days.
- Telephone calls received whilst at home on rest day or after tour of duty
- I have been asked to perform as an Acting Sergeant/Inspector but have been told there is a qualifying period. Also, am I entitled to overtime? If so, at what rate?
- Student Officers
- How does sick leave affect my pay?
- Is it true that full time officials of the Joint Branch Board receive Chief Inspector's Pay?
- How many days can I work in one go?
- How do I retire?
- What about my entitlement to a meal break?
- I have had to return from Annual Leave to attend court, what can I claim?
- I am being asked to change my duties at short notice, can they do that?
- 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?
- I have been involved in a Firearms incident. What is the Federation advice?
- My child's school was unexpectedly closed for the day & he was sent home, I couldn't arrange childcare, do I have to use annual leave or time out of the book to care for them?
- I want to work part-time. Can I choose the hours I work?
- I am an Inspector and do not have a duty roster published. Is this right?
- Can I be forced to take 'time-off' from my card?
- How much annual leave am I entitled to?
- How do I find details about pay and CRTP?
Half Pay Calculations - from date of reporting sick - and the officer has Group Insurance.
- 0-199 days = Statutory Sick Pay of £87pw or approx £377 pcm
- As most officers go on half pay after 181 days they will get 18 days SSP
- After 199 days the officer goes on Employment Support Allowance ESA (after going through a telephone interview) of roughly £314pcm for a period of 13 weeks at least. A link to read about ESA is at https://www.gov.uk/employment-support-allowance/what-youll-get
- Group Insurance - 20% of your monthly gross pay which is an average of about £600 for a top pay scale Constable and £700 for a top pay scale Sergeant. You will receive a letter from the Federation office explaining how to claim the group insurance.
Estimates of income whilst on half pay (suffice to say each case is different and these figures are a guide only):
- Officer with net pay of 1600 per month. £800 (minimum) half pay + £314 ESA + £416 Group Insurance (if in it) = £1530 or 95% of net pay.
- Officer with net pay of £2100 per month. £1050 (minimum) half pay + £314 + £546 = £1910 or 91% of net pay
- Officer with net pay of £2800 per month. £1400 half pay + £314 + £800 = £2514 or 90% of net pay.
The half pay figures are likely to be higher because the work income benefits from a much bigger proportion of the tax free personal income tax allowance.
The Unsocial Hours Allowance payments are covered in the Group Insurance but have not been included in the above estimates. Contact a fed rep for details of how to claim.
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What is a lawful order?
You can be required to carry out all lawful orders and must at all times punctually and promptly perform all the appointed duties and attend to all matters within the scope of your office as a Constable.
An order is generally lawful provided that it is for police purposes and would not render you liable to any criminal, civil or disciplinary action. In case of doubt, contact your Area Federation representative.
You can be required to perform overtime by an officer of a higher rank.
Work, which you may not be required to perform. It would generally be unlawful to require you to undertake:
- the regular cleaning or any part of the cleaning of a particular Police Station, and
- any other work not connected with police duty.
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Travel Time between home and your usual place of duty is generally not duty time for the purposes of Police Regulations, but it is for the purposes of Police Pension Regulations.
The general premise of traveling time was removed from Police regulations in 2002
and now only remains in very limited circumstances.
The current circumstances where traveling time as duty time is recognised under
Police regulations are as follows.
Where an individual;
- Is required to perform his normal duty in more than one tour of duty (Split
- Is recalled between to duty two tours of duty
- Where an individual works a paid rest day which is greater than 4 hours in
length but less than 6 hours in total.
However should you be required to attend another location for duty and in order to do
so you genuinely need to attend your normal station first, then you should book on
once you arrive and at home station and travel in duty time.
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What can you tell me about the entitlement to overtime?
Overtime is potentially payable when:
- You remain on duty after your tour of duty ends,
- When you are recalled between two tours of duty, or
- You are required to begin earlier than the rostered time without due notice and on a day when you have already completed your normal daily period of duty.
Where you are informed at or before the commencement of your tour that you will be required to remain on duty after the tour ends no account is to be taken of any period of less than 30 minutes of overtime worked on any occasion other than a period of 15 minutes.
Where you are not informed at the commencement of your tour of duty that you will be required to remain on duty after the tour of duty ends then, on the first four occasions, in any week, the first 30 minutes of any overtime worked is to be disregarded in calculating the overtime allowance to which you are entitled. This now applies whether the overtime is submitted for payment or time off in lieu. This topic has been regularly reviewed by the Federation nationally and it's lawyers. It is not a breach of our Human rights under European or UK law, nor is it considered to be slavery.
Recall to duty
What is a Recall to Duty
A recall to duty occurs when an officer has finished their tour of duty and is recalled to work prior to the start of the next tour of duty.
For being recalled to duty there is a minimum of 1 hours payment. In order to obtain the 1 hour the officer must be called out and return home again before the start of the next tour of duty. In other words this minimum is effectively travel time in between two tours of duty. The officer is then paid for their actual hours worked and not now the minimum 4 hours as happened previously.
If you do not go home again having been called out but continue working then this can mean one of two things.
If you are required to return to duty with less than 8 hours notice on a day on which you have already completed a tour of duty, then you are on overtime from the time you come on duty until the start of your rostered tour of duty. That time also counts towards the time of your current duty as well.
If however, you are given sufficient notice to come back to work on a day you have already worked then that is merely an advancement of the start of the force day and no overtime is accrued.
Example: Officer works 9-5 on Monday and is rostered to work 9-5 on Tuesday. If they are called out at 0300 on Tuesday morning and continue working until 1400 hours they are required without sufficient notice to work on a day when they have already completed 8 hours and therefore are on overtime from 03.00 until the start of their rostered duty 09.00 and it counts towards their current day so they are also on overtime from 1100 hours to 1400 hours. Total = 9 hours overtime
If they are warned at 1700 hours to be on duty at 0300 hours then that is sufficient time and the 0300 start is only a moving forward of the force day so they start at 0300 hours and only go onto overtime at 1100 hours. Total = 3 hours overtime
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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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Telephone calls received whilst at home on rest day or after tour of duty
Contrary to popular belief, there is no provision of entitlement to four hours' payment (suitably enhanced) for receiving a telephone call at home though this may be arguable if the telephone call is of significant duration. If, however, a call is received and as a result of that call you are required or instructed to go somewhere, or perform duty, then the view is that this may well be a recall to duty and be eligible for the appropriate amount of compensation. Answering the telephone does not constitute a recall to duty.
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I have been asked to perform as an Acting Sergeant/Inspector but have been told there is a qualifying period. Also, am I entitled to overtime? If so, at what rate?
Each financial year, you are required to work for10 complete days cumulative (in the case of a part-time officer 80 complete hours and an officer with variable shift arrangements qualifying shifts amounting in total to 80 hours) in a 12 month period before you can receive a temporary salary. A period of 12 months begins on 1 April.
Acting Sergeants and Inspectors are entitled to Temporary Duty Allowance. Any overtime incurred whilst acting will be paid at your substantive rank - i.e. 1) an Acting Sergeant's overtime will be paid at Constable's rates and 2) an Acting Inspector's overtime will be paid at Sergeant's rates but only during the first 10 working days and on any Rest Days or Bank Holidays during the entire period of Acting. No overtime is payable on a normal working day once the first 10 working days of Acting have been completed.
If you are an officer who has been promoted to a temporary rank, there is no requirement to work a qualifying period and you will in fact progress through the pay scales of your temporary rank until you revert back to your substantive rank. If you are promoted again to a temporary rank, you will automatically start at the same pay point of that rank where you left off.
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I am a student officer and they are talking about extending my probation, what should I do?
Consult your Area representative without delay. Regulations 12 Police Regulations 2003 says that A member of a police force appointed in the rank of constable shall be on probation for the first 2 years of his service as a constable in that police force following his last appointment thereto or for such longer period as the chief officer determines in the circumstances of a particular case.
I am a student officer and have been told a case conference is to be held to look at whether to terminate my probation and career in the police. What should I do?
Consult your Area representative without delay. Regulation 13 Police Regulations 2003 says that if during the period of probation in the force the services of a constable may be dispensed with at any time if the chief officer considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to become an efficient or well conducted constable. (This decision can only be made by the Chief Constable).A constable whose services are dispensed with under this regulation is entitled to receive a month's notice or a month's pay in lieu thereof.
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How does sick leave affect my pay?
(see also Regulation 28 and Annex K, Police Determinations and Regulations 2003)
The Secretary of State's determination of sick pay under regulation 28 of the Police regulations 2003 provides that a member of a police force who is absent on sick leave shall be entitled to full pay for six months in any one year period. Thereafter, the member becomes entitled to half pay for six months in any one year period.
The Chief Constable retains the discretion, however, to extend the period of entitlement to, as appropriate, full pay or half pay. For further details as to how this would affect you, please visit the Sickness Advice section on this website and then contact the JBB office.
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Is it true that full time officials of the Joint Branch Board receive Chief Inspector's Pay?
No, the Joint Branch Board officials receive the normal pay for their rank together with a long standing agreement they do not claim overtime.
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How many days can I work in one go?
Regulation 22, Annex E, Police Regulations and Determinations 2003 makes it quite clear that there is to be an interval between each of an officer's rostered rest days not exceeding 7 days, unless in the case of a part-time member, a longer interval has been agreed between the member and the chief officer.
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How do I retire?
This applies to all Police Officers.
If you are in the 1987 Pension Scheme - you are eligible to retire at 30 years' service or if you are over 50 years' with at least 25 years' service.
If you are in the 2006 Pension Scheme - you are eligible to retire at age 55 or later but you must retire prior to the compulsory retirement age (age 60 for federated ranks / age 65 for higher ranks) unless you seek special permission.
2015 scheme to be determined.
If you are unsure about your eligibility to retire, please contact Pensions by emailing AskPensions@lancashire.gov.uk to confirm.
If you are planning to retire, please fill in the Intention to Retire form at least 3 months in advance of the date that you wish to retire. This will ensure that all of the required paperwork can be processed in time for your retirement date.
Please note that if you have any queries as a result of completing the Intention to Retire form you will need to contact Pensions via email to AskPensions@lancashire.gov.uk or phone 01772 530530.
This form asks you to provide copies of some certificates i.e. your Birth Certificate and any certificates applicable to your marital status. Please ensure that any copies are legible.
Finally, please email the documents listed below to: PayandProcess@lancashire.pnn.police.uk:
- Completed Intention to Retire Form
- Any signed copies of Certificates you have been requested to provide
- Official Secrets Act Declaration
You will then receive confirmation from the Pay and Process Team of your retirement date with some additional useful information. They will email your paperwork to Pensions and you will be copied into this notification.
Pensions will contact you directly confirming the details of your Pension payments/lump sum.
The Pay and Process Team will inform your line manager of your retirement, however, you should also inform them as a matter of courtesy.
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What about my entitlement to a meal break?
In Police Regulations the normal daily period of duty (including refreshments) is 8 hours. As far as the exigencies of duty permit the normal daily period of duty shall be performed in one tour, with an interval of 45 minutes for refreshments, except when a half-day's annual leave is taken.
Police Regulations also provide for variable shift arrangements, such as the one we work in Warwickshire. Where an officer works in accordance with variable shift arrangement is on duty for a continuous period of 5 hours or more, time for refreshments shall as far as exigencies of duty permit be allowed as follows:
Number of Hours
Less than 6
6 ~ 7 hours
7 ~ 8 hours
8 ~ 9 hours
9 ~ 10 hours
10 hours or more
A "day" means a period of 24 hours starting at 7am as determined some years ago by the Chief Constable.
Click here for further information
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I have had to return from Annual Leave to attend court, what can I claim?
You will be entitled to the following:
- Recalled for 1 day or 2 days an additional 2 days annual leave for each day recalled or 1 days annual leave & 1 days pay at double time, for each day.
- Recalled for 3 days or more As above for the first two days then 1 ½ days annual leave or 1-day annual leave & half days pay at double time in lieu of each such day recalled thereafter.
Regulation 33 covers the above. Annex 0, Paragraph 5(a) of Police Regulations and Determinations 2003, which goes on to say under Paragraph 5(b);
This paragraph applies to a period of absence from duty of 3 or more days, where at least one of the days is a day of annual leave and the other days, if not days of annual leave, are rostered rest days, days taken in lieu of overtime, public holidays (or days taken off in lieu thereof) or monthly leave days, or any combination thereof.
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.
Know your rights - Annual Leave
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I am being asked to change my duties at short notice, can they do that?
The Chief Officer shall cause to be published duty rosters for members of his/her force after full consultation with the Joint Branch Board at intervals not exceeding 12 months and not later than 1 month before the date in which it starts. Each roster will set out for at least 3 months the following:
- His/her rest days.
- Public Holidays in which he/she may be required to do duty on.
- The time at which his/her scheduled daily period of duty begins & end.
- For part time members his/her free days.
- Intervals of at least 11 hours between the end and the beginning of the next shift.
- An interval between rostered rest days not exceeding 7 days.
Where alterations are made to an annual duty roster after its publication these changes must arise from the exigencies of duty (unless they are made at the officer's own request or have otherwise been agreed with the joint branch board). The term exigencies of duty, should be interpreted as relating to situations where a pressing demand, need or requirement is perceived that is not reasonably avoidable and necessitates a change of roster. In this context the word, pressing, relates to the expected situation at the time when the duty is to be performed rather than the time when the duty roster is changed, i.e. the reasons for a change may be known many months in advance but still be pressing.
Changes to rosters should only be made after full consideration of welfare, operational and practical circumstances rather than purely on financial grounds. Because rosters are produced annually a number of unforeseen reasons for changes may subsequently arise. It is clearly not possible to produce an exhaustive list of all of the potential reasons, which may necessitate changes. However, by way of example, unforeseen public order situations, court attendance and essential training would justify changes to rostered duties. An officer should be told as soon as the requirement for the change is known and at the latest, by midnight on the calendar day before the changed period of duty commences.
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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?
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 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 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.
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My child's school was unexpectedly closed for the day & he was sent home, I couldn't arrange childcare, do I have to use annual leave or time out of the book to care for them?
A police officer may take time off because of the unexpected disruption or termination of arrangements for the care of a dependant, or
To deal with an incident which involves a child of the member and which occurs unexpectedly in a period during which an educational establishment, which the child attends, is responsible for him/her.
Leave taken as time off for dependants shall be treated as duty, but does not apply unless the member tells his/her chief officer the reason for his/her absence as soon as reasonably practicable. Best practice would be to inform a line supervisor of your circumstances ASAP after you become aware of it.
A "dependant" means, in relation to a member of a police force:
- a spouse,
- a child,
- a parent,
- a person who lives in the same household as the member, otherwise than by reason of being his employee, tenant, lodger or boarder.
This also covers when a dependant falls ill, gives birth or is injured or assaulted or in consequence of the death of a dependant.
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I want to work part-time. Can I choose the hours I work ?
Not necessarily. If you want to become a part-time worker then you must approach your division and request part-time hours. Negotiation should then take place involving you and your divisional personnel officer as to what hours would be suitable for you and the Force.
However, once the 'determined hours' are agreed then they can only be changed with both parties agreement.
(Force Policy on Part-time Working can be found on the Intranet Policy Database)
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I am an Inspector and do not have a duty roster published. Is this right ?
Yes. Police Regulations do not require rosters to be published for Inspectors or Chief Inspectors but Home Office Circular 21/97 states that inspectors and chief inspectors, no less than other members,need to be able to plan for work, personal and familt commitments. Therefore, it is important that you should be given reasonable notice of when you will be required to be on duty.
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Can I be forced to take 'time-off' from my card?
The simple answer is NO. Police Regulations state that the choice of compensation claimed for working overtime rests with the officer. If compensation is claimed by way of 'time-off in lieu' and this time is not granted within three months then this should automatically be paid into your salary. In other words, if you are being told to take the time off, and you do not wish to take it then ask for the time on your card to be paid instead !!
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How much annual leave am I entitled to?
Length of service
Less than 2 years relevant service
2 or more years relevant service
5 or more years relevant service
10 or more years relevant service
15 or more years relevant service
20 or more years relevant service
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