Conditions Of Service - Determinations
ANNEX
H
Regulation
26
PUBLIC HOLIDAYS AND REST DAYS
1) ROSTERED REST DAYS and PUBLIC HOLIDAYS
a) 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:
i) where the member receives less than 15 days’ notice of the
requirement, an allowance at the appropriate rest-day rate; or
ii) in any other case, another rest day, which shall be notified to
the member within 4 days of notification of the requirement.
b) Subject to paragraph (a) in the next section, the appropriate rest-day
rate is, for each completed 15 minutes of duty on a rostered rest
day, the fraction of a day’s pay specified in paragraph (c).
c) The fraction is:
i) where the member received less than 5 days’ notice of the
requirement, one sixteenth; and
ii) in any other case, three sixty-fourths.
d) 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 public holiday,
be granted:
i) where the member receives less than 8 days’ notice of the
requirement:
1) an allowance at the appropriate rate and, in addition,
2) another day off in lieu thereof, which shall be notified to the
member within 4 days of notification of the requirement, and which
shall be treated for the purpose of this determination as a public
holiday;
ii) in any other case, an allowance at the appropriate rate.
e) A member of a police force of the rank of constable or sergeant
who is required to do duty on a day which is a public holiday or a
rostered rest day may, within 28 days of the day in question, elect
to receive, in lieu of an allowance as mentioned in paragraph (a)(i)
or paragraph (d)(i)or (ii) above, time off equal:
1) in the case of a day which is a public holiday, to double, and
2) in the case of a rostered rest day:
1) where the member received less than 5 days’ notice of the
requirement, to double, and
2) in any other case to one and a half times,
the period of completed quarters of an hour of duty on the day in
question.
f) Where such a member of a police force who is required to do duty
on a day which is a public holiday or a rostered rest day, or for
a part-time member, a free day has elected to receive time off as
mentioned in paragraph (e) above or paragraph (h) in section 2 below,
the Chief Constable shall, subject to the exigencies of duty, grant
such time off within such time (not exceeding 3 months) as the Chief
Constable may fix, and subject to such time off being taken, no allowance
in respect of the day in question shall be payable under paragraph
(d)(i) or, as the case may be, sub-paragraph (d)(i) or (ii)’
or, for a part-time member paragraph (e) or (f) of section B below.
g) Where the exigencies of duty have precluded:
1) the allowance of a day’s leave on a public holiday, or
2) the grant in any week of two rest days,
to a member of a police force of the rank of inspector or chief inspector,
the member shall, during the next following twelve months and so far
as the exigencies of duty permit, be allowed or (as the case may be)
granted a day’s leave in lieu of any such day not allowed or
granted.
h) Where the exigencies of duty have precluded:
1) the allowance of a day’s leave on a public holiday, or
2) the grant in any month of eight monthly leave days,
to a member of a police force of the rank of superintendent or chief
superintendent, the member shall, during the next twelve months and
so far as the exigencies of duty permit, be allowed or (as the case
may be) granted a day’s leave in lieu of any such day not allowed
or granted.
i) Where the exigencies of duty have precluded the allowance of a
day’s leave on a public holiday to any such member other than
a member of a police force above the rank of chief superintendent,
the member shall, during the next three months and so far as the exigencies
of duty permit, be allowed a day’s leave in lieu of any such
day not allowed.
j) For the purpose of this paragraph “month” means that
period of 28 days beginning with such day as is fixed by the Chief
Constable.
2) PART–TIME CONSTABLES AND SERGEANTS
a) The appropriate rest-day rate for a part-time member of a police
force of the rank of constable or sergeant is, for each completed
15 minutes of duty on a rostered rest day, the fraction of the member’s
hourly rate of pay calculated in accordance with the determination
under regulation 24(1) specified in paragraph (b) below.
b) The fraction is:
i) where the member received less than 5 days’ notice of the
requirement, one quarter; and
ii) in any other case, one eighth.
c) A part-time member of a police force of the rank of constable or
sergeant who:
i) is required to do duty on a free day, and
ii) receives not less than 15 days’ notice of the requirement,
shall be granted another free day in lieu, which shall be notified
to the member within 4 days of notification of the requirement.
d) This sub-paragraph applies where:
i) a part-time member of a police force of the rank of constable or
sergeant is required to do duty on a free day, and
ii) the member receives less than 15 days’ notice of the requirement,
and
iii) the duty is of such a nature that it would not in the circumstances
have been reasonably practicable for it to be done by any other member.
e) Where paragraph (d) applies:
i) if the member was on duty for more than 8 hours on the free day
and for more than 40 hours (in addition to any hours on a rostered
rest day or public holiday for which an allowance fell to be granted
under this determination) during the week in which the free day occurred,
the member is entitled to an allowance at the rate of one twelfth
of an hour’s pay for each completed period of 15 minutes of
duty done on the free day, and
ii) in any other case, the member is entitled to time off equal to
the total length of those periods.
f) Where:
i) a member is required to do duty on a free day; and
ii) the member receives less than 15 days’ notice of the requirement;
but sub-paragraph (d)(iii) does not apply, the member is entitled
to an allowance at the appropriate rest-day rate.
g) In the case of a part-time member of a police force of the rank
of constable or sergeant working in accordance with variable shift
arrangements, the number of hours on duty shall for the purposes of
paragraph (e)(i) be determined by adding together:
i) the average number of hours the member is contracted to work in
the week in which the free day occurred;
ii) the number of hours, if any, the member worked on any rest day
in that week; and
iii) the number of hours (if any) the member worked on any public
holiday within that period.
h) A member who is required to do duty on a free day may within 28
days of that day elect to receive:
i) in lieu of an allowance under paragraph (e)(i), time off equal
to one and one third times, and
ii) in lieu of an allowance under paragraph (f), time off equal to
one and a half times,
the period of completed quarters of an hour of duty done on the free
day.
i) Any entitlement of a member to an allowance for rest day, public
holiday or free day working in respect of any day is in addition to
any payments due to that member for that day in accordance with regulation
24 (pay) and the determination thereunder.
j) For the purposes of regulation 24(1)(pay) and the determination
thereunder:
i) a day’s leave allowed under paragraph (4)(a)(i) of the determination
under regulation 22 and a day off granted under paragraph (1)(d) above
or under paragraph (3)(j) below in respect of a public holiday each
count as a period of duty of 8 hours multiplied by the appropriate
factor, and
ii) so much of any time off granted under sub-paragraph (h) or paragraph
(1)(f) above as exceeds the time spent on duty on the public holiday,
rest day or free day counts as time spent on duty.
3) FOR THE PURPOSES OF THIS DETERMINATION
a) A member of a police force who is paid a dog handler’s allowance
shall not be treated as required to do duty by reason only of the
member being required to care for the dog;
b) “a day’s pay” means a week’s pay at the
rate at which the member was paid on the day in question divided by
five;
c) “the appropriate rate” for a full-time constable or
sergeant means a sixteenth of a day’s pay for each completed
15 minutes of duty done on a public holiday;
d) “the appropriate rate” for a part-time constable or
sergeant is, for each completed 15 minutes of duty done on a public
holiday, one half of the member’s hourly rate of pay calculated
in accordance with regulation 24 and the determination thereunder;
e) In this paragraph, “day” in relation to members of
a police force, means a period of 24 hours commencing at such time
or times as the Chief Constable shall fix and the Chief Constable
may fix different times in relation to different groups of members;
f) a reference to a day which is a public holiday is to be construed,
in relation to the member concerned as a reference to a day commencing
at any time on the calendar date of the public holiday in question;
g) “week” means a period of 7 days beginning with such
day as is fixed by the Chief Constable;
h) where a member is required to do duty, or is 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, such period or each
such period, shall be treated as though it were a period of 4 completed
hours. The only exception to this is where a period of not more than
one hour of duty on a rostered rest day or, for a part-time member,
a free day immediately follows a normal daily period of duty (or,
in the case of a part-time member or a member working in accordance
with variable shift arrangements, a rostered shift). In this instance
the period of not more than one hour of duty counts as the number
of period of 15 minutes actually completed;
i) where a member is required to do duty on a public holiday or on
a rostered rest day or, for a part-time member, a free day, the member’s
period of duty shall include (except for the purposes of sub-paragraph
(h) above) the time occupied by the member in going to and returning
from their place of duty, not exceeding such reasonable limit as may
be fixed by the Chief Constable, save that, for the purposes of this
sub-paragraph, there shall be disregarded any period of time so occupied:
i) which together with the member’s period of duty exceeds 6
hours, or
ii) which is treated as a period of duty under regulation 22 (travelling
time treated as duty).
j) where it is at the member’s own request that a member works
on a day which is a public holiday, rostered rest day or, for a part-time
member, a free day, the member shall not be treated for the purposes
of this determination as having been required to do duty on that day
but shall be granted another day off in lieu thereof, which shall
be treated as a public holiday, rostered rest day or free day as the
case may be;
k) in relation to a part–time member of a police force:
i) the determined hours are the number of hours which the Chief Constable
has determined as the member’s normal period of duty in a relevant
period (as provided for in Annex E paragraph (6)(ii) or paragraph
(6)(v) as applicable),
ii) a relevant period is a period for which a duty roster relating
to the member has effect for the time being under paragraph 3 of Annex
E, and the appropriate factor is A/B,
where
A is the number of determined hours, and
B is 40 times the number of weeks
