Cheshire Police Federation

Frequently Asked Questions

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.

Travel Time

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 shift)
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.

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.

Planned overtime

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.

Casual overtime

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.

However

In essence the simplified message should be read as

What is the difference between casual and planned overtime?

Answer: Casual overtime is dealt with under Regulation 25 Annex G. From 01/01/03, the first 30 minutes of each period of casual (or unplanned overtime) is to be disregarded for either payment or time off. This relates to the first 4 occasions during any week, so for example, if casual overtime was worked on 5 occasions in a week, then on the 5th occasion the first 30 minutes would not be disregarded.

However, if an officer is aware at the commencement of his tour of duty that he is required to perform overtime, that would be classed as planned overtime and would therefore be entitled to the full time worked. (Periods of overtime are 15 min periods, so at least 15 mins needs to be worked before overtime enhancement begins)

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 4 hours payment. In order to obtain the 4 hours the officer must be called out and return home again before the start of the next tour of duty. In other words it is like an island of time in between two tours of duty.

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

Compensation for duty on a rostered rest day.

Where you are required to do duty on a rostered rest day you are entitled to:

On less than five days' notice - compensation at the rate of double time.
On less than fifteen days' notice but more than eight days' notice - compensation at the rate of time and one half.
On fifteen days' notice or more - another rest day which should be notified to you within four days of notification of the requirement.

The compensation will be for a minimum of four hours (except where the period worked is for less than one hour and it immediately follows a period for which you were on duty for a normal period of duty in the preceding Force day). A re-rostered rest day is subject to rest day compensation if there is a requirement to work on that day. When calculating the number of days' notice given, disregard both the day on which the requirement was notified and the day on which you are being required to do duty.

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.

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.

Student Officers

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.

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.

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.

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. Sections 5 and 9 of the Cheshire Police Federated ranks workforce agreement (see our intranet site) confirm this.

How do I retire?

It may seem a strange question but it is one which we are asked regularly, hopefully the below information should assist.

Once you have decided it is time to retire, you need to know what you are still entitled to.

Firstly your commutation, which means giving up part of your pension which is taxable for a tax free lump sum. Of course some members do not take this and prefer to go for a larger annual pension, you must decide this yourself, and everyone's situation is unique so there are no right or wrong answers. But whatever you decide the commutation is only tax free if applied for prior to retirement. If you apply even one day after retirement it is taxed.

We suggest that you therefore submit 2 reports when you decide to retire.

Firstly send a report telling your Area HR manager of your intentions to retire giving the last date of service.
Secondly send another report to the payroll manager at Headquarters giving the same details but adding your requirements in relation to your commutation needs.

This must be done at least 1 month prior to retirement, (3 months if ACPO rank)

Because your pension/commutation is now dealt with by West Midlands Police Pensions Department we suggest you give 2 months notice to make sure you receive your entitlements on time.

Whilst serving you can pay into the following schemes,

And from the member services run from our offices

Once retired you need no longer contribute to the first 3 you can however still access them (provided you were a contributing member) through the same procedures you did whilst serving.

You will no longer need, or receive, funding from the Police Federation so those contributions cease. We are however willing to assist retired members when and where possible.

The last 2 you can remain in if you so wish but you need to notify this office at the time you submit your resignation so we can deal with the necessary paperwork.

After all that have a long and happy retirement

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 Cheshire. 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	Refreshment Time
Less than 6	30 minutes
6 ~ 7 hours	35 minutes
7 ~ 8 hours	40 minutes
8 ~ 9 hours	45 minutes
9 ~ 10 hours	50 minutes
10 hours or more	60 minutes

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

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 � 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

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.

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 7 days notice or less 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.

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?

Cheshire Constabulary offers all staff dependency and compassionate leave. Dependency and compassionate leave is designed to allow staff reasonable time off to

provide short-term assistance to a dependant in emergency circumstances
or
attend to matters affecting the individual's efficiency or welfare at work.

Under this policy, Managers may award an individual up to and including, six days paid leave in each year.

Paid leave under this policy will be awarded pro-rata for part-time staff .

Where six days is insufficient, further unpaid discretionary leave may be awarded as necessary.

Dependency and compassionate leave is supplementary to all other leave allowances.

Definition of Dependant.

A dependant is someone who falls into the following categories:

Spouse
Child/adopted child
Parent
Unmarried partner (including same-sex partner)
Someone who lives in the same household as the individual but who is not
A tenant
A Boarder
A Lodger
Another member of staff (E.g. a live-in helper)
Any other person who reasonably relies on the individual for assistance during illness or injury, whether living with the individual or not. (E.g. an Aunt who relies solely on the individual for care when ill or injured).

The full policy 2003/09 can be obtained from the Intranet at work

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)

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.

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 !!

However under an agreement between the Federation and Chief Officers the following has been agreed:

The Time of in Lieu (CTO) register, records overtime worked and elected by officers to be taken as CTO. Police regulations indicate that any such time left in the register over 3 months old, may become liable to payment. Cheshire Constabulary has agreed with the Federation that such time may be moved to the 'banked' column with the officers consent to be taken at a later date. This does not then become liable for payment. It is the responsibility of individual officers and their supervision to manage CTO effectively.

Unless the department responsible for the recoding of such time is informed otherwise, they will move CTO hours to the 'banked' column after the 3 month period. In circumstances where officers do not wish to have their CTO banked, they must contact their resourcing department at least 2 weeks before any of their time off becomes 3months old. Arrangements will then be made for them to have the necessary time off, or for any forthcoming payment to be authorised by the BCU or Department commander.

Time 'Banked' is not to exceed 50 hours accumulated Time of in lieu (CTO) at any time.

How much annual leave am I entitled to?

Length of service	2004	2005	2006
Less than 2 years relevant service	22	22	22
2 or more years relevant service	22	23	25
5 or more years relevant service	24	25	25
10 or more years relevant service	27	27	27
15 or more years relevant service	28	28	28
20 or more years relevant service	30	30	30

Leave for IVF Treatment

The Constabulary acknowledges the emotional pressure of undergoing IVF treatment and understands the potential anxiety and distress, which individuals may suffer when going through such treatment. It is the Constabulary intention to ensure that members of Staff are fully supported when undergoing this procedure.

Staff/Officers may be granted up to a total of 5 days' paid leave (i.e. up to 37 hours for Police Staff or 40 hours for Police Officers) in a calendar year for the purpose of receiving and recovering from fertility treatment. (Pro rata for part time Staff)

It is recognised that Staff/Officers who are undergoing IVF or other fertility treatment may suffer a range of side affects after the treatment has taken place. In these circumstances any additional absence will be recorded in line with the Management of Attendance Procedure as sickness absence.

Where a manager is made aware that a member of Staff/Officer is undergoing or is likely to be undergoing IVF or other fertility treatment, they should ensure that the person concerned is supported and made aware of the provisions outlined in this policy. This policy will ensure that managers provide a consistent level of support to Staff/Officers who are undergoing such treatments.

Line managers will maintain strictest confidentiality and will respect the dignity of the individual at all times during any treatment.

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