Conditions Of Service - Determinations
Annex
G
Regulation
25
OVERTIME
A) OVERTIME
1) Subject to the provisions of Regulation 25 and this Determination,
a member of a police force of the rank of constable or sergeant shall
be compensated in respect of time:
a) for which the member remains on duty after their tour of duty (or
in the case of a member working in accordance with variable shift
arrangements, a rostered shift) ends; or
b) for which the member is recalled between two tours of duty (or
in the case of a member working variable shift arrangements, rostered
shifts); or
c) which forms part of a tour (or in the case of a member working
variable shift arrangements, a rostered shift) which the member is
required to begin earlier than the rostered time without due notice
and on a day when the member has already completed their normal daily
period of duty (or in the case of a member working variable shift
arrangements, a rostered shift);
and such time is referred to in this determination as “overtime”.
2) Only a member of a police force of the rank of constable or sergeant
may be eligible for compensation for overtime.
3) The member shall not be compensated under this determination for
overtime for which an allowance is payable under Regulation 26 and
the determination under that regulation.
4) Subject to paragraphs (5) and (7), a full-time member of a police
force of the rank of constable or sergeant shall be granted an allowance
in respect of each week at the rate of a twenty-fourth of a day’s
pay for each completed period of 15 minutes of overtime worked by
the member on any occasion during that week, except that on each of
the first four occasions on which overtime in respect of which the
member was not informed as mentioned in paragraph (7) is worked during
a week 30 minutes of the overtime worked is to be disregarded.
5) Where such a member of a police force of the rank of constable
or sergeant, before the expiry of any pay period, elects in respect
of specified overtime worked by the member during the weeks ending
within that period to be granted in lieu of an allowance time off
subject to and in accordance with paragraph (6), and in accordance
therewith receives time off in respect of any overtime, no allowance
in respect thereof shall be payable under paragraph (4).
6) Subject to the exigencies of duty, where by virtue of an election
under paragraph (5) time off falls to be granted to a member of a
police force of the rank of constable or sergeant in respect of any
overtime worked by the member in any week then, within such time (not
exceeding 3 months) after that week as the Chief Constable may fix,
the Chief Constable shall grant to the member time off equal, subject
to paragraph (7), to the period of that overtime worked by the member
during that week and, in addition, for each completed 45 minutes of
such overtime, an additional 15 minutes off, except that on each of
the first 4 occasions on which overtime in respect of which the constable
or sergeant was not informed as mentioned in paragraph (7) is worked
during a week 30 minutes of the overtime worked is to be disregarded.
7) For the purposes of paragraphs (4) and (6), no account shall be
taken of any period of less than 30 minutes of overtime worked on
any occasion other than a period of 15 minutes of overtime in respect
of which the member was informed at the commencement of the member’s
tour of duty that they would be required to remain on duty after their
tour of duty ended.
8) In computing any period of overtime for the purpose of this determination:
a) where the member of a police force of the rank of constable or
sergeant is engaged in casual escort duty, account shall be taken
only of:
i) time during which the member is in charge of the person under escort;
ii) such other time as is necessarily spent in travelling to or from
the place where the member is to take charge of, or hand over, the
person under escort, as the case may be; and
iii) any other time that may be allowed by the Chief Constable, so
however, that, if the member is so engaged overnight and has proper
sleeping accommodation, whether in a train or otherwise, the Chief
Constable may exclude such period not exceeding eight hours, during
which the member is not in charge of the person under escort as the
Chief Constable considers appropriate in the circumstances;
b) subject to paragraph (4), where the tour or tours of duty does
not or do not amount in the aggregate to more than the normal daily
period of duty, no account shall be taken of any overtime except so
much as together with the tour or tours of duty exceeds the normal
daily period of duty. This paragraph does not apply to members working
in accordance with variable shift arrangements;
c) where a member is recalled to duty between two rostered tours of
duty (or in the case of a member working variable shift arrangements,
shifts) and is entitled to reckon less than 4 hours of overtime in
respect of any period for which the member is recalled, disregarding
any overtime reckonable under regulation 22(1)(e) and the determination
made under that regulation, the member shall be deemed to have worked
for such period 4 hours of overtime in addition to any overtime reckonable
by virtue of regulation 22(1)(e).
d) where the time at which a member is required to begin a rostered
tour of duty (in the case of a member working variable shift arrangements,
a rostered shift) is brought forward without due notice so that the
member is required to begin that tour of duty (in the case of a member
working variable shift arrangements, that shift) on a day on which
the member has already completed their normal daily period of duty
(in the case of a member working variable shift arrangements, a rostered
shift), the time for which the member is on duty before the rostered
commencement time shall be reckonable as overtime and shall be taken
into account as part of that tour of duty (in the case of a member
working variable shift arrangements, that shift).
B) FOR THE PURPOSES OF THIS DETERMINATION
1) A “day’s pay” means the member’s pay for
the week in question divided by 5.
2) “normal daily period of duty” shall be construed in
accordance with a determination under regulation 22(1)(a).
3) “Pay period” means the period for which a member is
paid.
4) “Week” means the period of 7 days beginning with such
day as is fixed by the Chief Constable.
5) In this determination and determinations made under regulations
22 and 33, “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.
6) In discharging the Chief Constable’s functions under paragraph
(5) above, the Chief Constable shall have regard to the wishes of
the joint branch board.
C) FOR PART-TIME MEMBERS
This section has effect for part-time members of a police force below
the rank of inspector.
1) A part-time member of the rank of constable or sergeant who has
been on duty for more than 40 hours in any period of 7 days beginning
with a day fixed for the purposes of this determination by the Chief
Constable (a relevant week) is entitled to an allowance at the rate
of one twelfth of an hour’s pay for each completed 15 minutes
in excess of 8 hours, on any day during that period on which the member
was on duty for more than 8 hours, except that on each of the first
4 occasions on which overtime in respect of which the constable or
sergeant was not informed, as mentioned in section A, paragraph (7)
above, is worked during a relevant week 30 minutes of the overtime
worked is to be disregarded;
2) In the case of a part-time member of a police force of the rank
of constable or sergeant working a variable shift arrangement, the
number of hours on duty shall, for the purposes of paragraph (1) above,
be determined by adding together;
a) The average number of hours the member is contracted to work in
a relevant week;
b) The number of hours (if any) the member worked on any rest day
during that period; and
c) The number of hours (if any) the member worked on any public holiday
during that period.
3) A part-time member of a police force of the rank of constable or
sergeant
may, before the end of a pay period (as determined under regulation
30), elect to receive time off in lieu of an allowance, in respect
of any long duty day that occurred during a relevant week ending within
the pay period.
A “long duty day” means a day on which more than 8 hours
is worked.
4) Subject to the exigencies of duty, where a member of a police force
of the rank of constable or sergeant has chosen to receive time off
in lieu of an allowance for overtime, the Chief Constable shall, within
three months of the end of the relevant week, grant the member time
off equal to the total of:
a) the time in excess of 8 hours spent on duty on the day or days
in respect of which the choice was made; and
b) 15 minutes in respect of each completed 45 minutes of that time;
except that on each of the first four occasions on which overtime
in respect of which the part-time member of a police force of the
rank of constable or sergeant was not informed as mentioned in section
A paragraph (7) is worked during a week, 30 minutes of the overtime
worked is to be disregarded.
5) Any time counting for the purposes of regulation 24(1) (pay) as
time spent on duty, except:
a) time for which an allowance is received under paragraph (7) or
under regulation 26 and the determination thereunder; and
b) any period of less than 30 minutes during the first 30 minutes
after the end of a rostered shift, except a period of 15 minutes which
the member was told at the beginning of the shift would be required;
counts as time spent on duty for the purposes of paragraph (3).
6) For the purposes of paragraph (2) a period of duty:
a) which resulted from a member’s being recalled and returning
to duty between two rostered shifts, and
b) the length of which, after deducting any travelling time counting
as a period of duty by virtue of regulation 22, was less than 4 hours;
counts as a period of duty lasting for the aggregate of 4 hours and
any period counting by virtue of regulation 22 (travelling time treated
as duty).
7) Where the time at which a member of a police force of the rank
of constable or sergeant is required to commence a rostered shift
is brought forward:
a) without giving the member notice 8 hours or more before the new
commencement time, and
b) so that the member is required to commence that shift on the day
on which their previous shift ended;
the member is entitled to an allowance at the rate of one twelfth
of an hour’s pay for each completed 15 minutes of the time for
which the member is on duty before the rostered commencement time.
8) A member who has become entitled to an allowance under paragraph
(7) above may, before the end of the pay period during which the day
on which the member was required to commence the shift occurred, elect
to receive time off instead of the allowance.
9) Subject to the exigencies of duty, where a member has chosen to
receive time off in lieu of an allowance as mentioned in paragraph
(8) above, the Chief Constable shall, within 3 months after the date
of that decision, grant the member time off equal to one and one third
times the number of completed quarters of an hour for which the member
was on duty before the rostered commencement time.
10) Where:
a) on any day on which the member has a rostered shift, a member has
been on duty for a period exceeding the length of that shift, and
b) the member is not entitled in respect of that day to any allowance
under paragraph (1) or (7) of this determination;
the member may, not later than 4 days after the end of the relevant
week in which the day in question occurred, decide to be granted time
off in respect of the excess over the length of shift (“the
excess period”).
11) For the purposes of paragraphs (1) and (10), a continuous period
of duty which began before and ended after the beginning of a day
shall:
a) if the day on which it ended was not:
i) a public holiday,
ii) a rostered rest day, or
iii) a free day,
in respect of which the member became entitled to an allowance under
regulation 26 (public holidays and rest days) be treated as having
fallen wholly within, and
b) in any other case, be treated as having consisted only of so much
of the period as fell within, the day on which the period began.
12) Subject to the exigencies of duty, where a member has chosen to
receive time off in lieu of an allowance as mentioned in paragraph
(10), the Chief Constable shall, within 3 months of the decision,
grant the member time off equal to the excess period.
13) For the purpose of Regulation 24(1) (pay) any extra period of
duty in respect of which time off is granted under paragraph (4) or
(9) counts as one and one third times the number of completed quarters
of an hour comprised in the extra period of duty, and a period falling
within paragraph (6)(a) and (b) counts as one of 4 hours.
