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2.4 REQUIREMENT TO WORK ON A WORKING DAY

Regulation 17

Annex 7

To help determine when working days start and end it is important to note that the force day normally starts at 0700.

2.4.1          Casual overtime at the end of a tour of duty or rostered shift.

ScenarioEntitlement
Detained on duty on a working dayPayment or TOIL* at time and a third for each completed period of 15 minutes worked.

* The decision to request to take time off rather than receive payment is one for the officer not the service.

The normal working hours on a day which was a rest day and has now become a normal working day is 8 hours, regardless of whether the officer works on a VSA or not.  Therefore any duty performed beyond 8 hours is overtime at time and a third. 

2.4.2          Recall to duty between two tours of duty or rostered shifts.

ScenarioEntitlement
Recalled to duty on a working day between 0700 and 2300Payment or TOIL* at time and a third for each completed period of 15 minutes worked.
Recalled to duty on a working day between 2300 and 0700 and not required to attend a police station, police incident, or courtPayment or TOIL* for a minimum of 1 hour at time and a third.
Recalled to duty on a working day between 2300 and 0700 and is required to attend a police station, police incident, or court. Or, where an officer is recalled to duty and is required to attend a police station, police incident or court and the requirement is cancelled whilst the officer is travelling to that duty, the officer is entitled to be compensatedPayment or TOIL* for a minimum of 4 hours at time and a third and relevant travelling time (see section 1.9)

* The decision to request to take time off rather than receive payment is one for the officer not the service.

  • Every police officer can be recalled to duty at any time.  Usually, a recall to duty is instigated by the force but there are occasions when an off-duty officer will be expected to recall themself to duty.  There is no general rule about what does/does not constitute a self-recall to duty but where an officer is required to perform the functions of a constable, acting in a capacity beyond what would be expected of a member of the public, then a self-recall is established. (For example, if an officer in a house attached to a police station was off-duty and answered the doorbell to someone seeking directions, then that is unlikely to constitute a self-recall.  However, if the officer, after contacting the control room, deemed it necessary to attend a road accident due to lack of availability of local resources and takes details while awaiting the arrival of on-duty officers then that would constitute a self-recall).

2.4.3         Advancement of start time (on or into a working day) without due notice.

ScenarioEntitlement
Required to advance start time on or into a working day with less than 24 hours’ notice (or 12 hours in the case of unforeseen court attendance) of the changed starting timePayment or TOIL* for each completed period of 15 minutes worked at time and a third. 
Required to advance start time on or into a working day with at least 24 hours’ notice (or 12 hours in the case of unforeseen court attendance) of the changed starting timeNo entitlement to overtime payment.

* The decision to request to take time off rather than receive payment is one for the officer not the service.

For example, if the officer is rostered to work from 0900 to 1700 and is required, without due notice, to start at 0700 then the 2 hours from 0700 to 0900 (which are outwith the previously rostered hours) will be payable at overtime rates.  The actual hours worked will count towards the tour of duty, so this effectively ends at 1500 (for an 8 hour working day).  If the officer goes off duty at that time, there will be no further compensation.  However, if the officer works on beyond 1500 then the hours are to be regarded as further overtime.

An advancement of start time into a rest day is covered in section 2.5.

2.4.4          Deferment of start time without due notice.

ScenarioEntitlement
Required to defer start time with less than 24 hours’ notice (or 12 hours in the case of unforeseen court attendance) of the original starting timePayment or TOIL* for each completed period of 15 minutes worked at time and a third. 
Required to defer start time with at least 24 hours’ notice (or 12 hours in the case of unforeseen court attendance) of the original starting time.No entitlement to overtime payment.

* The decision to request to take time off rather than receive payment is one for the officer not the service.

For example, if the officer is rostered to work from 1400 to 2200 and is required, without due notice, to start at 1600 then the 2 hours from 2200 to midnight (which are outwith the previously rostered hours) will be payable at overtime rates.

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