FAQs

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 1.5 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.

If you are required to work over following a night shift and this is going into you rest day, you are entitled to claim 1 hour overtime at time & a half. After that hour if you still have to remain on duty you will get a minimum of 4 hours at time & a half even if the period of overtime is less than 4 hours. You do not lose the 1st half an hour.

 

If you work overtime after hours on your scheduled tour of duty, and you were not informed of the overtime prior to the commencement of this tour of duty, it is classed as unplanned overtime and you cannot claim overtime for the first 30 minutes worked.

For example, if your tour of duty is 14.30 x 22.30, you cannot claim overtime until 23.00. Any overtime you claim after that is at time and a third, for payment, or if you wish to claim time off, for the overtime, then for every completed 15 minutes, you are entitled to claim 1 unit and for every 3 units you work, you are given 1 bonus unit.

If you work unplanned overtime on 4 occasions during the same week then on the 5th and any other occasion in which you may have to work overtime you no longer lose the first half hour for the rest of that week.

If you were asked to work overtime prior to the commencement of your tour of duty this is planned overtime and you do not lose the first half an hour when calculating how much time you have worked over.

You may like to know why you lose the first half an hour. The reason is shown below.

In 1994 the first 30 minutes of casual overtime on the first four occasions was bought out for £270. Police officers basic, pensionable pay increased by £270 and that figure has increased with every pay rise since that date and is now worth £445. These half hours weren’t just given up.

So, far from “working for The Queen” you are, and always have been, paid for these half hours whether you work them or not. As the compensation forms part of your pensionable pay, you will continue to be paid for these half hours (in your pension) long after you have ceased working as a police officer.

An officer retiring today will get an extra £1,640 in their lump sum and an extra £212 per annum in their pension – all because of that deal in 1994.

 

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 1.5 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

Working on a bank holiday will always be paid at the rate of DOUBLE TIME whether for payment or time off. This also applies to part time working officers.

When a bank holiday falls on a rest day, the bank holiday always take precedence, the rest day MUST be re-rostered to another day (after consultation with the officer) The re-rostered day is a rest day and all conditions applying to rest days apply to it. Should the officer then be required to work on the bank holiday he/she would get paid or have time off at the rate of double time, (officers choice)

If an officer is informed that he/she is required to work on a bank holiday with less than 8 days notice, then in addition to getting paid double time for the bank holiday (or time off) he/she would also be entitled to another day off which shall be notified to him/her within 4 days of notification of the requirement and which shall be treated for the purpose of this regulation as a bank holiday.

The authority of an Assistant Chief Constable is required for officers to work on a PHL with less than 15 days notice

 

Where the time at which an officer is due to commence a rostered tour of duty is brought forward without due notice (less than 8 hours) so that they are required to commence duty on a day in which they have already completed their normal period of duty. The time for which they are on duty before the rostered commencement time shall be reckonable as overtime and also taken into account as part of that tour of duty. The force day commences at 7 A.M.

If you are given more than 8 hours notice of the duty change then your working day merely starts at the new time. If the time you are brought on at is before 7 A.M. following a period of rest days then you will be eligible to claim rest day over time (minimum 4 hours)

 

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.

 

When an officers rest day is cancelled in anticipation of an operational need for which in any event he/she is not required to attend for duty:

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

Where an officer is required to duty on a public holiday or on a rostered rest day his/her period of duty shall include the time occupied by him/her travelling to & from his/her place of duty. This will be disregarded where the period of duty exceeds 6 hours.

Travelling expenses may also be claimed, for the journey, this ceases when there is no travel time included in the overtime.

 

Travel time between home and your usual place of duty is generally not duty time.

Such travel time shall only be treated as a period of duty when you are:

  •  Required to perform your normal daily period of duty in more than our tour (Split Duty) Or
  •  Recalled to work between two tours of duty and you travel to and from your home between tours.

 

In calculating any period of overtime in respect of being recalled between two tours of duty, an officer can only claim for the time worked plus travelling time (1 hour). The minimum of 4 hours pay for a recall to duty has been abolished.

 

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) a spouse,
b) a child,
c) a parent,
d) 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.

Officers from the rank of constable to chief inspector will receive an additional 10 per cent of their basic pay for all hours worked between 8.00pm and 6.00am, including overtime. This payment is not pensionable and should be paid for each full hour actually worked. Where overtime is worked between 8.00pm and 6.00pm, the rate of the allowance is still 10 per cent of basic pay, not 10 per cent of the overtime rate. The allowance is paid in full in respect of each full hour worked – the ‘Queen’s half hour’ is not excluded.

 

Changes to the arrangements for officers serving away from their normal place of duty (including on ‘mutual aid’ in another force area):

  •  these changes apply to those officers who are deployed away from their normal place of duty whether in or out of force
  •  a new ‘Away from home overnight’ allowance of £50 will be introduced and will be payable for every night on which an officer is ‘held in reserve’
  •  an officer is ‘held in reserve’ if he or she is serving away from their normal place of duty and is required to stay in a particular, specified place rather than being allowed to return home. An officer is not ‘held in reserve’ if he or she is serving away from their normal place of duty only by reason of being on a training course or carrying out routine enquiries
  •  payment of a new hardship allowance of £30 per night if ‘proper accommodation’ is not provided to an officer who is ‘held in reserve’
  •  the definition of ‘proper accommodation’ is a single occupancy room with use of en suite bathroom facilities



The Secretary of State’s approval for the existing mutual aid arrangements set out in PNB circulars 86/15, 88/9 and 95/8 (often known as the ‘Hertfordshire agreement’) is withdrawn. Officers on mutual aid should now be paid in accordance with the determinations for the hours they work, including where applicable overtime and travelling time.

 

Yes the force can require you to work away from your normal place of duty.

Under regulation 22 police regulations & determinations when you are working at a place other than your normal parade station then travel time has to be included into the working time. You can claim travel expenses for any excess of travel beyond your normal parade station.

Under the workforce agreement made between the Chief Officer and police federation. It clearly defines that travel time is to be included as working time when travelling on the Chief Officers instruction between home and place of duty, not being the member’s usual place of duty, at any time other than the rostered starting or finishing time for the day which also complies with police regulations & determinations.

In respect of officers finishing early or starting late from their scheduled tour of duty this does occur as the LPU do not want to pay out overtime for travelling to and from work, but the regulation does state ” time spent in travel outside of rostered duty hours” which does suggest that officers are expected to work their rostered shift and anything additional having been added to the working time would be overtime.

REGULATION 22 ANNEX E REFERS

Duty 22. – (1) The Secretary of State shall determine –

(e) the circumstances in which travelling time may be treated as duty

(3) In making a determination under paragraph (1)(e) the Secretary of State may –

(a) confer on the chief officer discretion to fix a limit on the travelling time which is to be treated as duty; (Limited to 1 hour for West Midlands)

ANNEX E DETERMINATION FOR REGULATION 22

9) WORKING TIME

The following periods are to be treated as if they were additional periods of working time for the purposes of regulation 2(1) of the Working Time Regulations 1998;

a) time spent in travel, outside of rostered duty hours and not covered by paragraph 5 of this Annex, to and from duty at a place other than the normal place of duty;

West Midlands Police policy A6, paragraph 7 Special Journeys.

Parade other than normal parade station. Journeys necessitated by a requirement to parade elsewhere than at the officers normal place of duty, in which case payment will be made for any additional travel costs involved. In this context ‘additional’ is to be interpreted as the difference between the officers cost of travel to his/her normal place of duty and the cost of travel to the temporary place of duty.

Travel time in the West Midlands is set by the Chief Constable and is 1 hour. Within police regulations when you are working away from your normal place of duty, travel time has to be included as additional working time. Therefore, regardless of your tour of duty you are rostered to work you are able to incorporate an hours travelling time and any extra hours worked is overtime.

1st Example – you work 7 hours plus 1 hours travel (for a scheduled 8 hour day), any extra work over and above 7 hours is overtime.

2nd Example – you work 8 hours plus 1 hours travel (for a scheduled 9 hour day), any extra work over and above 8 hours is overtime.

 

FAQs About The Misconduct Process

They are applicable on and off duty.

Honesty and Integrity
Police officers are honest, act with integrity and do not compromise or abuse their position.

Authority, Respect and Courtesy
Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy.

Police officers do not abuse their powers or authority and respect the rights of all individuals.

Equality and Diversity
Police officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly.

Use of Force
Police officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances.

Orders and Instructions
Police officers only give and carry out lawful orders and instructions.

Police officers abide by police regulations, force policies and lawful orders.

Duties and Responsibilities
Police officers are diligent in the exercise of their duties and responsibilities.

Confidentiality
Police officers treat information with respect and access or disclose it only in the proper course of police duties.

Fitness for Duty
Police officers when on duty or presenting themselves for duty are fit to carry out their responsibilities.

Discreditable Conduct
Police officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty.

Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice.

Challenging and Reporting Improper Conduct
Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour.

 

Cases will be subjected to assessment.

For the purposes of making the assessment and any decision on the seriousness of the conduct the following definitions will be applied:-

Misconduct – a breach of the Standards of Professional Behaviour.

Gross misconduct – a breach of the Standards of Professional Behaviour so serious that dismissal would be justified.

Unsatisfactory performance or unsatisfactory attendance – an inability or failure of a police officer to perform the duties of the role or rank he or she is currently undertaking to a satisfactory standard or level.

An assessment may determine that the conduct alleged amounts to an allegation of unsatisfactory performance rather than one of misconduct. In such circumstances the matter should be referred to be dealt with under the UPP policy.

Equally an assessment may determine that the matter is more suitable to be dealt with through the grievance procedure or may be an issue of direction and control. In such cases the procedures for dealing with such matters, as outlined in Force Policy will be used.

The matter may be moved up to a level of gross misconduct or down to a level of misconduct. In the interests of fairness to the police officer, where a further severity assessment is made which alters the original assessment then the police officer will be informed and will be provided with the reasons for the change in the assessment.

The same principle applies where the initial assessment suggests that the matter is one of isconduct or gross misconduct but subsequent investigation reveals that it is not, and may be, for example, one of unsatisfactory performance. In such cases the police officer will be informed that the matter is now not being considered as a matter of misconduct

 

It is imperative if you are served with a notice of investigation by PSD or the IPCC you seek advice from a trained federation representative if you require representation and advice. The officer who issues the notice or PSD should forward a copy to the Federation Office at your request, but to avoid any misunderstandings it should be scanned and e- mailed to the federation office at [email protected]

Please note that this notice carries a set timescale for the Officer to respond regarding the allegation, as outlined at bullet point 8 below, you are advised to seek early Federation representation in relation to any such matters.

Written notification will be given to the police officer concerned by the investigator appointed to investigate the case, advising them that their conduct is under investigation.

The notice will:

  • Inform the police officer that there is to be an investigation of their potential breach of the Standards of Professional Behaviour and inform the police officer of the name of the investigator who will investigate the matter.
  • Describe the conduct that is the subject of the investigation and how that conduct is alleged to have fallen below the Standards of Professional Behaviour.
  • Inform the police officer concerned of the appropriate authority’s (or investigator’s in a matter dealt with under the 2002 Act) assessment of whether the conduct alleged, if proved, would amount to misconduct or gross misconduct
  • Inform the police officer of whether, if the case were to be referred to misconduct proceedings, those would be likely to be a misconduct meeting or misconduct hearing.
  • Inform the police officer that if the likely form of any misconduct proceedings changes the police officer will be notified of this together with the reasons for that change.
  • Inform the police officer of their right to seek advice from their staff association or any other body and who the police officer may choose to act as their police friend.
  • Inform the police officer that if their case is referred to a misconduct hearing or special case hearing, he or she has the right to be legally represented by a relevant lawyer. If the police officer elects not to be so represented then he or she may be represented by a police friend. The notice will also make clear that if he or she elects not to be legally represented then he or she may be dismissed or receive any other disciplinary outcome without being so represented.
  • Inform the police officer that he or she may provide, within 10 working days of receipt of the notice (unless this period is extended by the investigator) a written or oral statement relating to any matter under investigation and he or she (or their police friend) may provide any relevant documents to the investigator within this time.
  • Inform the police officer that whilst he or she does not have to say anything, it may harm their case if he or she does not mention when interviewed or when providing any information within the relevant time limits something which he or she later relies on in any misconduct proceedings or special case hearing or at an appeal meeting or Police Appeals Tribunal.



The notice should clearly describe in unambiguous language the particulars of the conduct that it is alleged fell below the standards expected of a police officer.

The purpose of an investigation is to:

  • Gather evidence to establish the facts and circumstances of the alleged misconduct
  • Establish on the balance of probabilities, (more likely than not) based on the evidence and taking into account all of the circumstances, whether there is a case to answer in respect of either misconduct or gross misconduct or that there is no case to answer.
  • Identify any learning for the individual or the organisation.

The overall aim is a proportionate and balanced investigation, carried out as soon as possible after any alleged misconduct comes to notice and that the investigation is carried out as quickly as possible allowing for the complexity of the case.

Where the investigation identifies that the issue is one of performance rather than misconduct, the police officer should be informed as soon as possible that the matter is now being treated as an issue of performance.

The investigator must ensure that the police officer is kept informed of the progress of the investigation. It is also good practice to keep the police friend informed of progress at the same time.

The investigator is required to notify the police officer of the progress of the investigation at least every 4 weeks from the start of the investigation.

The police officer or their police friend, acting on the police officer’s instructions, is encouraged to suggest at an early stage any line of enquiry that would assist the investigation and to pass to the investigator any material they consider relevant to the enquiry. If it is a criminal allegation it is advisable to seek advice from your legal representation prior to this. We would advise that any instructions should be via the Police Friend and not direct to the investigating officer.

The investigator (under the Conduct Regulations or the 2002 Act) has a duty to consider the suggestions submitted to them. The investigator should consider and document reasons for following or not following any submissions made by the police officer or their police friend with a view to ensuring that the investigation is as fair as possible. The suggestions may involve a further suggested line of investigation or further examination of a particular witness.

The purpose is to enable a fair and balanced investigation report to be prepared and where appropriate made available for consideration at a misconduct meeting/hearing and to negate the need (except where necessary) for witnesses to attend a meeting/hearing.

 

There are two types of misconduct proceedings:

Misconduct Meeting – for cases where there is a case to answer in respect of misconduct and where the maximum outcome would be a final written warning. These are normally chaired by an officer of the rank of Chief Inspector.

Misconduct Hearing – for cases where there is a case to answer in respect of gross misconduct or where the police officer has a live final written warning and there is a case to answer in respect of a further act of misconduct. The maximum outcome at this hearing would be dismissal from the police service without notice.

From 1 May 2015, the default position for misconduct hearings is that they are held in public. A notice advertising a hearing must be published by the Force on its website at least five working days before the day on which the hearing is to take place. The advert will name the officer subject of the hearing, and will mention the subject matter of the investigation, unless such disclosure is deemed inappropriate. Representations can be submitted for anonymity and also for the hearing to be heard in private but this decision is for the chair on representations by your representative or legal representative prior to the hearing.

Since January 2016 all hearings are chaired by a pool of legally qualified independent barristers. The panel will be completed by a senior officer from the force usually of the rank of Supt or Ch Supt and an independent member again selected from a pool normally with experience is this field of discipline outside of the organisation.

 

If you are subject to a criminal allegation then as long as you fulfil the funding requirements you can access the services of our retained solicitors Slater & Gordon Solicitors. We also utilise Haworth and Gallagher and Hogan Brown solicitors. The rules regarding funding rules are complex and complicated but as a rule of thumb it has to be within the duties of a police officer carrying out your role.

Examples

  • Officer ‘A’ whilst engaged in the arrest of an offender causes injury and the offender alleges the police officer has used excess force in causing the injury.
  • Officer ‘B’ is alleged to have carried out questionable checks on computer systems which may not be for a policing purpose and the officer is saying they are legitimate checks.
  • Officer ‘C’ involved driving allegations whilst engaged in a pursuit or response run
  • Officer ‘D’ involved in a death after police contact or serious injury

These are very simple examples.

Examples which wouldn’t necessarily be covered by the rules.

  • Allegations of drink drive.
  • Domestic disputes.
  • Allegations of conduct off duty.

Funding applications for representation for these have to be made through Legal Insurance management Scheme (LIM) but this is only accessible of you are a member of Merseyside Police Federation Group Insurance Scheme.

You may be entitled to be represented at a Hearing by a barrister depending on the facts of the case. Your Federation Friend will be able to advise you regarding this should you find yourself unfortunate enough to be going to a hearing.

Those who have legal expenses cover on household insurance policies please read carefully. Where they may cover for a criminal allegation the small print normally excludes internal discipline.