Surrey Police Federation

Overtime

25. - (1) Subject to the provisions of this regulation, the Secretary of State shall determine

the circumstances and manner in which a member of a police force shall be compensated in

respect of time -

(a) for which he remains on duty after his tour of duty ends, or

(b) for which he is recalled between two tours of duty, or

(c) which forms part of a tour of duty which he is required to begin earlier than the

rostered time without due notice and on a day when he has already completed his

normal daily period of duty;

and such time is referred to in these Regulations as "overtime".

(2) For the purposes of this regulation -

"due notice" means notice given at least 8 hours before the revised starting time of the

rostered tour of duty in question;

"normal daily period of duty" shall be construed in accordance with regulation 22;

"recall" does not include a warning to be in readiness for duty if required; and

"tour of duty", in relation to a member of a police force for whom variable shift

arrangements are in operation under regulation 22(1)(c), means rostered shift.

(3) In making a determination under paragraph (1), the Secretary of State may confer on

the chief officer discretion -

(a) to fix the day on which a period commences for the purposes of the determination;

(b) to fix the period within which time off in compensation for overtime is to be granted;

(c) to allow time in addition to that specified in the determination to be taken into

account in computing any period of overtime.

Statutory Instrument 2003 No. 527 April 2003

Regulation 25 page 1ANNEX G DETERMINATION

FOR REGULATION 25

OVERTIME

1) a) 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:

i) for which he remains on duty after his tour of duty ( or in the case of a

member working in accordance with variable shift arrangements, a

rostered shift) ends;or

ii) for which he is recalled between two tours of duty (or in the case of a

member working variable shift arrangements, rostered shifts);or

iii) which forms part of a tour (or in the case of a member working variable

shift arrangements, a rostered shift) which he is required to begin earlier

than the rosteredtimewithoutdue notice andon adaywhen he has already

completed his 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”.

b) Only a member of a police force of the rank of constable or sergeant may be

eligible for compensation for overtime.

c) He shall notbe compensatedunder thisdetermination for overtime forwhich an

allowance is payable under Regulation 26 and the determination under that

regulation.

d) Subject to paragraphs (e) and (g), 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 overtimeworkedby him on any occasionduringthatweek,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 (g) is worked during a

week 30 minutes of the overtime worked is to be disregarded.

e) 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

workedby him during the weeks ending within that period tobe granted in lieu

of an allowance time off subject to and in accordance with paragraph (f),and in

accordance therewith receives time off in respect of any overtime,no allowance

in respect thereof shall be payable under paragraph (d).

f) Subject to the exigencies of duty, where by virtue of an election under

paragraph (e) 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 him in any

week then, within such time (not exceeding 3 months) after that week as the

chief officer of police may fix, he shall grant to the member time off equal,

subject to paragraph (g), to the period of that overtime worked by him 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

mentionedinparagraph (g)isworkedduringaweek 30 minutes of the overtime

worked is to be disregarded.

Determination April 2007

Annex G page 1g) For the purposes of paragraphs (d) and (f),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 his tour of duty that he would be required to remain on duty after

his tour of duty ended.

h) In computing any period of overtime for the purpose of this determination:

i) 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:

(1) time during which he is in charge of the person under escort;

(2) 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

(3) any other time that may be allowed by the chief officer, so however,that,if

the member is so engaged overnight and has proper sleeping

accommodation, whether in a train or otherwise, the chief officer may

exclude such period not exceeding eight hours,during which the member

is not in charge of the person under escort as he considers appropriate in

the circumstances;

ii) subject to sub-paragraph (iv),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 shallbe taken of any overtime except so much as together with the tour

or tours of duty exceeds the normal daily period of duty. This sub-paragraph

does not apply to members working in accordance with variable shift

arrangements;

iv) 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 he 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 he has already completed his normal daily period of duty (in

the case of a member working variable shift arrangements,a rostered shift),the

time for which he 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).

2) FOR THE PURPOSES OF THIS DETERMINATION:

a) A“day’s pay”means the member’s pay for the week in question divided by 5.

b) “normal daily period of duty” shall be construed in accordance with a

determination under regulation 22(a).

c) “Pay period”means the period for which a member is paid.

d) “Week” means the period of 7 days beginning with such day as is fixed by the

chief officer.

e) 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 officer shall fix and the chief

Determination April 2012

Annex G page 2officer may fix different times in relation to different groups of members.

f) In discharging his functions under sub paragraph (e) above, the chief officer

shall have regard to the wishes of the joint branch board.

3) FOR PART-TIME MEMBERS

This paragraph has effect for part-time members of a police force below the rank of

inspector.

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 officer (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 he 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 paragraph

(1)(g) is worked during a relevant week 30 minutes of the overtime worked is to be

disregarded;

a) 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 sub-paragraph (a) above, be determined by adding

together;

i) The average number of hours the member is contracted to work in a

relevant week;

ii) The number of hours(if any) the member worked on any rest day during

that period;and

iii) The number of hours (if any) the member worked on any public holiday

during that period.

b) i) 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.

ii) A“long duty day”means a day on which more than 8 hours is worked.

c) 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 officer shall, within three months of the end of the

relevant week,grant him time off equal to the total of:

i) the time in excess of 8 hours spent on duty on the day or days in respect of

which the choice was made;and

ii) 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 paragraph (1)(g) is worked during

a week,30 minutes of the overtime worked is to be disregarded.

Determination April 2007

Annex G page 3d) Any time counting for the purposes of regulation 24(1) (pay) as time spent on

duty,except

i) time for which an allowance is received under sub-paragraph (g) or under

regulation 26 and the determination thereunder;and

ii) 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 sub-paragraph (c).

g) 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:

i) without giving him notice 8 hours or more before the new commencement

time,and

ii) so that he is required to commence that shift on the day on which his

previous shift ended;

he 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 he is on duty before the rostered

commencement time.

h) A member who has become entitled to an allowance under sub-paragraph (g)

above may,before the end of the pay period during which the day on which he

was required to commence the shift occurred,elect to receive time off instead of

the allowance.

i) Subject to the exigencies of duty, where a member has chosen to receive

time off in lieu of an allowance as mentioned in sub-paragraph (h) above,

the chief officer shall,within 3 months after the date of that decision,grant

him time off equal to one and one third times the number of completed

quarters of an hour for which he was on duty before the rostered

commencement time.

j) Where:

i) (aa) on any day on which he has a rostered shift, a member has been on

duty for a period exceeding the length of that shift,or

(bb) on any other day on which he is on duty,he has been on duty for more

than 8 hours,

and

ii) he is not entitled in respect of that day to any allowance under subparagraph (a) or (g) of this determination;

he may,not later than 4 days after the end of the relevant week in which the day

inquestion occurred,decide tobegrantedtime off in respect ofthe excess over

the length of shift (in a case within i)(aa) above) or the period of 8 hours (in a

case within i)(bb) above (“the excess period”).

k) For the purposes of sub-paragraphs (a) and (j) , a continuous period of duty

which began before and ended after the beginning of a day shall:

Determination April 2012

Annex G page 4i) if the day on which it ended was not:

(1) a public holiday,

(2) a rostered rest day,or

(3) a free day,

in respect ofwhich hebecame entitledto an allowance under regulation 26

(public holidays and rest days) be treated as having fallen wholly within,

and

ii) 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.

l) Subject to the exigencies of duty, where a member has chosen to receive time

off under sub-paragraph (j), the chief officer shall, within 3 months of the

decision,grant him time off equal to the excess period.

m) For the purpose of Regulation 24(1)(pay) any extra period of duty in respect of

which time off is granted under sub-paragraph (d) or (i) 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 sub-paragraph (f)(i) and (ii) counts as

one of 4 hours.