Police Regulations 2003
POLICE REGULATIONS 2003 QUICK REFERENCE GUIDE
This guide is not intended to be exhaustive, nor can it be considered a substitute for the Police Regulations and Determinations, which govern your terms and conditions of appointment.
This guide has been updated in line with Police Regulations 2003 and determinations, and is accurate as at 1 January, 2005. The production of a simple guide has been hampered by the continuing failure of the Home Office to implement PNB agreements.
In case of particular concerns please contact your Joint branch Board.
YOUR FEDERATION
Your Joint Branch Board
Your Joint Branch Board (JBB) is comprised of three separate Branch Boards – which cover separately Constables (CBB), Sergeants (SBB) and inspectors and Chief inspectors (IBB).
Your representative is elected by ballot from your division or department and elections take place triennially. The next elections are due to be held at the end of 2007.
Your National Federation
At the Police Federation Conference every three years, members are elected to the three national rank committees: the Constables’ Central Committee, the Sergeants’ Central Committee and the Inspectors Central Committee. The next triennial elections will take place in 2005.
The Joint Central Committee comprises the Constables’ Central Committee the Sergeants’ Central Committee and the Inspectors’ Central Committee sitting together.
All constables, sergeants, inspectors and chief inspectors are automatically members of the Police Federation of England and Wales under the Police Act 1995.
The Police Federation offers a wide range of additional services that are available only to members who contribute to the voluntary fund. For details of these additional services and of how you can contribute please contact your JBB office.
COMPLAINTS AND MISCONDUCT
Where a member is suspected of having committed a criminal or misconduct offence, this may result in a formal investigation. In such a case the member may be subject to both criminal investigation and an internal misconduct investigation. Where there is a criminal investigation a member has the same rights as any individual who is investigated for an alleged criminal offence under the provisions of the Police and Criminal Evidence Act 1984.
The member has the right to seek advice from the Police Federation at all stages of an investigation, and has the right to be accompanied by a police officer “friend” to any meeting, interview or hearing.
For further information on the services of a “friend” contact the JBB. It is important for a member to seek advice at the earliest possible stage and certainly prior to making any formal statement.
The full extent of the allegation may not be known until notice of the allegation is served in writing under Regulation 9 of the Police (Conduct) Regulations 2004. Regulation 9 requires this to be served as soon as is practicable. It is accepted that other than in exceptional circumstances, this notice should be served very shortly after receipt of the allegation.
The member should be informed that he/she is not obliged to say anything concerning the matter, but that it may hard their defence if he/she does not mention when questioned or when providing a written response something which he/she relies on in any subsequent proceedings. Further he/she should be informed that a written or oral statement may be made to the investigating officer or to the appropriate authority that may then be used in any subsequent proceedings under the Police (Conduct) Regulations.
Duty Statements
Where a member is the subject of a criminal investigation (i.e. where an allegation of criminal misconduct has been made against him/her) no request to provide a duty statement “concerning the matter” should be made to that office. If such a request is made, this may be refused.
Where an allegation has been made that a misconduct offence has been committed, whether or not a Regulation 9 Notice has been served, a duty statement may be properly refused, it being a statement “concerning the matter”.
An express assurance that a duty statement will not be used in any subsequent criminal or misconduct proceedings arguably provides the member with the necessary protection to enable a statement to be made. The circumstances in which this may arise are, for example, where a civil action has been commenced against the Chief Officer and a statement is necessary to help the Chief Officer oppose or defend the action. In these circumstances preface the duty statement with:
“I have been informed that I am not the subject of a criminal or misconduct allegation. I make this statement solely for the purposes of defending the civil action. I do not consent to it being used for any other purpose”.
A free advice card on misconduct investigation procedure can be obtained from the JBB.
Informal Resolution
Informal resolution is intended to provide a flexible and simple procedure for dealing with complaints of a minor nature, which would otherwise attract the full investigation process. Complaints are suitable for informal resolution only if the conduct complained of, even if established would not justify a criminal charge or misconduct proceedings, and if the complainant is consent for the case to be handled in this way.
The officer appointed to undertake the informal resolution should seek the views of both the complainant and the member who is the subject of the complaint about the matter. The member should be given access to a “friend” if he/she wishes.
No apology on behalf of the member should be rendered unless he/she has admitted the conduct complained of and agreed that it fell below the proper standards.
No entry relating to the attempted or successful informal resolution of a complaint should be made in the member’s personal record, or be referred to in future misconduct proceedings.
LAWFUL ORDERS
Unless there is good and sufficient cause to do otherwise, police officers must obey 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 the Office of Constable.
What is a Lawful Order
An order is generally lawful provided that it is for police purposes and would not render a member liable to any criminal, civil or misconduct action. For further information contact the JBB.
Police officers can be required to perform overtime by an officer of a higher rank.
RESTRICTIONS ON THE PRIVATE LIFE OF A POLICE OFFICER
General
Members must abstain from any activity which is likely to interfere with the impartial discharge of duty or likely to give rise to the impression that the activity may do so. Police officers are also required not to take any active part in politics.
Membership of certain Organisations
While the constraint on political activity does not prevent officers from being members of political parties in general, officers are banned from membership of the British National Party, Combat 18, or the National Front.
Business Interests Incompatible with Membership of a Police Force
If a member or someone in a members family has, or proposes to have, a business interest, he/she must give written notice to the Chief Officer (Regulations 7 and 8 of the Police Regulations apply).
Amendment regulations are being drafted to modify these provisions. If you have a query with regard to the reporting of a business interest, you should contact your JBB to check the current position.
DUTY TIME
Different provisions apply for members working full-time, on part-time arrangements, and/or on variable shifts. The following is a summary of duty time provisions for officers working full time, who are not working variable shifts.
A separate information leaflet is available from the JBB covering part-time and variable shift working provisions.
CONSTABLES AND SERGEANTS
Normal Period of Duty
The normal daily period of duty (including an interval for refreshment of 45 minutes) is eight hours, which as far as exigencies of duty permit will be performed in one tour.
Where a normal duty period is performed in more that one tour and the member does not travel to and from home between tours, the refreshment break should normally be included at the beginning or end of one of those tours. The refreshment break is not allowed when a member takes a half-days annual leave.
Travelling time treated as duty
Travelling time between the member’s home and his/her usual place of duty is generally not treated as duty time.
Where a member is required to perform the normal daily period of duty in more than one tour and travels home between tours, the time occupied in travelling to and from home is treated as duty time.
When a member is recalled to duty between two tours of duty, travelling time to and from home (as a consequence of the recall) also counts as duty time.
For further advice on travelling time issues contact the JBB.
Overtime
Overtime for constables and sergeants is potentially payable (or equivalent time off in lieu may be requested) when:
Members remain on duty after their tour ends.
They are recalled between two tours of duty, or they are required to begin earlier than the rostered time without due notice and on a day when they have already completed their normal daily period of duty.
Planned Overtime
Where members are informed at or before the commencement of their tour that they will be required to remain on duty after the tour ends, and they work less than 15 minutes overtime, they will not be eligible for any allowance.
If they work between 15 and 30 minutes overtime, they will be paid for the first 15 minutes only.
If they work 30 or more minutes, they will be eligible for overtime for each completed 15 minute period.
Casual Overtime
This term applies where members are not informed at the commencement of their tour of duty that they will be required to remain on duty after the tour ends. On each of the first four occasions in any week when they work casual overtime, not having been informed at the commencement of the tour that this would be required, the first 30 minutes of such overtime worked is disregarded in calculating the overtime allowance due. This discount applies also to equivalent time off, should they choose time off in lieu of overtime pay.
Recall to Duty
If a member is recalled to duty between two rostered tours of duty, the time worked as a result of the recall, if less than four hours, will attract four hours’ pay at the appropriate overtime rate. This applies to each separate period of recall.
Example:
Assume the Force Day commences at 06.00. Having completed a day’s duty on a Monday, the member is recalled to duty at 01.00 Tuesday morning. They duty only lasts two hours, after which time he/she returns home. The member is entitled to claim four hours overtime, and may then be required to carry out normal duty on the Tuesday.
N.B. If the duty lasts in excess of four hours, the claim will be for the actual hours worked (plus appropriate travelling time).
Advancing the Start of Duty from the Rostered Time
When the commencement time of a rostered duty is brought forward without due notice so that the duty straddles the start of the force day, and the tour is begun on a day on which the member has already completed a normal rostered tour, the time worked before the rostered commencement time is reckonable as overtime, and is also taken into account as part of that tour of duty.
Example:
Assume the Force Day commences at 06.00. If the rostered tour of duty was 06.00 – 14.00 and the member is told at 02.00 to attend for duty at 04.00 hours and work until 14.00 hours, he/she will be entitled to an overtime allowance at time and a third for the period 04.00 to 06.00, plain time for the period 06.00 to 12.00, and time and one third for the period 12.00 to 14.00.
Due notice for these purposes is defined in Regulation 25 as “notice given at least 8 hours before the revised starting time of the rostered tour of duty in question”.
Members should be given as much notice of the duty change as possible; and every effort should be made to ensure that notice is given before the end of the tour prior to the one that is to be changed.
The overtime allowance, where payable, is time and one third, or equivalent time off in lieu if requested.
REST DAY AND PUBLIC HOLIDAY WORKING
Compensation for Duty on a Rostered Rest Day
Where members are required to do duty on a rostered rest day they are entitled to:
where less than five days’ notice is received – double time;
where five days or more notice but less than fifteen days’ notice is received – time and one half;
in any other case – another rest day which should be notified to the member within four days of notification of the requirement to work.
If the period of duty carried out on the rest day is less than four hours, the appropriate allowance will be paid for a minimum of four hours.
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 the member is required to do duty.
Compensation for Duty on a Public Holiday
When required to do duty on a public holiday members are entitled to:
Where less than eight days’ notice is received – payment of double time plus another day off in lieu, to be treated as a public holiday;
In any other case – payment at double time.
If the period of duty carried out on the public holiday is less than four hours, the appropriate allowance will be paid for a minimum of four hours.
Where a member is retained on duty from a rostered duty into a public holiday, and the period worked on the public holiday is less than one hour, the minimum four-hour payment does not apply and the rest day time to be reimbursed counts as the number of 15 minute periods actually worked.
Time spent on duty on a rest day or public holiday in excess of 8 hours attracts the same level of compensation as any other rest day or public holiday working. Members may request equivalent time off in lieu of any time worked on a rest day or public holiday.
Reinstatement of Cancelled Public Holidays and Rest Days
PNB Circulars 85/9 and 86/2 record PNB Agreements relating to cancelled rest days or public holidays in anticipation of an operational need, for which in the event the member is not required to attend for duty.
Where more than seven days’ notice is received that the member will not be required to work on the rest day/public holiday, the rest day/public holiday will be taken, with no compensation.
Where seven days’ notice or less is received of the cancelled duty requirement, the member may either choose to take the rest day/public holiday or work and claim compensation in accordance with police regulations.
Telephone calls Received Whilst at Home on Rest Day or After Tour of Duty
Answering the telephone does not generally constitute a recall to duty and does not attract the minimum four hours compensation provided in regulations. However, this point may be arguable if the telephone call is of significant duration.
If a member receives a call which requires necessary action or duty to be performed, this may be a recall to duty, and the member may be eligible for appropriate compensation.
INSPECTORS AND CHIEF INSPECTORS
Duty Time
The regulations do not require rosters to be published for members of the rank of Inspector and Chief Inspector. Inspectors and Chief Inspectors are neither entitled to overtime allowances nor rest day/public holiday working allowances.
Where an Inspector or Chief Inspector has been prevented from taking a day’s leave on a public holiday, or from taking two rest days in any week, within the next twelve months, subject to exigencies of duty, he/she should be granted a day’s leave in lieu of any public holiday or rest day not taken.
Working Time Regulations
The Working Time Regulations 1998 implement the Working Time Directive (a European Health and Safety provision) into domestic law. They came into force on 1 October 1998 and are expressly stated to apply to police officers.
The main rights under the Working Time Regulations are:
a limit of an average of 48 hours a week over a 17 week period which a worker can be required to work (unless other wise agreed with the individual)- a limit on night workers’ normal hours of an average of 8 hours work in 24 (and no more than 8 hours in any 24 during which night work is performed if subject to special hazards or strain)
- 11 consecutive hours rest per day or compensatory rest if in exceptional circumstances rest periods are not provided
- A day off each week (24 hours per week or 48 hours per fortnight)
- An in-work rest break of at least 20 minutes if the working day is longer than 6 hours
- 4 weeks (including public holidays) paid leave per year
- Free health assessments for night workers.
There are various circumstances in which the rights to not apply. These are quite complicated but in essence are likely to relate to unforeseen emergencies.
Generally Police Regulations provide better rights than the Working Time Regulations. However there can be occasions where the organisation of working time may breach the Working Time Regulations. Police Regulations can be varied by local agreement between the JBB and the Chief Officer. For more information about the position in your force, contact the JBB office.
Some breaches can comprise criminal offences. The enforcing agency is the Health and Safety Executive. There are other rights available before an Employment Tribunal. Contact the JBB for further information.
OFFICERS SERVING ON PART-TIME ARRANGEMENTS
Members in any rank may be appointed to perform part-time service or to job share with another member.
Part-time members may not be appointed to full-time duty without their consent, nor vice-versa, but a part-time member who has previously been full-time may opt to return to full-time service. Regulation 5 gives details.
For further details of part-time arrangements see Guidance contained in HO Circular 47/2001.
See Home office Website: www.knowledgenetwork.gov.uk/HO/circular.nsf/
The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 apply to the police service. Complaints under this legislation fall under the jurisdiction of the Employment Tribunal for a complaint under this legislation, the application must be submitted to the Tribunal within three months less one day of the act complained of. Contact the JBB for further information.
ANNUAL LEAVE
In April 2004 the PNB agreed improved annual leave allowances (PNB Circular 04/2004 refer). Police regulations have yet to be amended
Annual leave entitlements (expressed in 8 hour days) with effect from the leave years starting in the relevant calendar years shown
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Carry over
Subject to exigencies of duty members are entitled to seek to carry over to the next leave year no more than 5 additional days of annual leave outstanding from the previous year (in exceptional circumstances they may seek to carry over more); or to bring forward to the last month of a leave year no more than five days leave from the following year.
Working on Annual Leave
The following scale of compensation applies where an officer is recalled to duty from a period of absence from duty of 3 or more days (of which at least one day is annual leave):
Annual leave days worked Compensation in additional days
(or annual leave plus pay)
2 days (or 1 day’s annual leave plus 1 day’s pay at double time)- 4 days (or 2 days’ annual leave plus 2 days’ pay at double time)
Thereafter 1.5 days (or 1 day’s annual leave plus 0.5 days pay at double time) for each further annual leave day worked
if the period of absence includes rostered rest days in lieu of overtime, or public holidays, compensation for working on those days (or time off in lieu) would be according to the relevant regulation.
Regulation 33 (Annex O) currently restricts the above compensation to circumstances where a member is absent and then recalled. PNB Circular 03/15 records a further PNB agreement that this compensation should apply also to the cancellation of pre-booked scheduled annual leave. Amendment provisions are awaited.
Sickness whilst on Leave
A member cannot be on sick leave and on annual leave at the same time. If a member becomes sick during a period of annual leave or if booked annual leave falls whilst a member is on sick leave he/she should notify the force without delay. The annual leave can then be cancelled and taken at a later date.
Sickness whilst on Leave Abroad
Should a member become sick or be injured whilst on leave outside the UK to the extent that he/she would not be fit for duty, the member should contact his/her force without delay. The untaken leave can only be cancelled from the day of reporting and cannot be claimed retrospectively.
NHS certification does not operate outside the United Kingdom. Certification for SSP purposes should be sought immediately on return to the UK
Annual leave can be re-rostered. Rostered rest days lost through sickness cannot be reclaimed.
Compensation for Annual Leave not taken on Leaving the Service
PNB has agreed that payment in lieu of all of a member’s remaining annual leave allowance can be claimed on leaving the service. PNB Circular 01/2 and Home Office Circular 21/2002 refer. Amendment provisions are awaited.
SICK LEAVE
Details of the self certification procedures applicable within the Force are available from Personnel and the JBB office.
Regulation 28 Annex K 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.
Entitlement to pay and the level of pay is calculated by deducting from your entitlement on the first day of a sick leave period the aggregate of periods of paid absence during the twelve months immediately preceding the first day of absence.
The Chief Officer retains the discretion to extend the period of entitlement to, as appropriate, full pay or half pay. PNB circulars 03/2 and 05/1 give agreed guidance to chief officers on the exercise of this discretion.
For further details please contact the JBB
Court Appearances – Whilst Sick
If a member is certified unfit for duty by a doctor, and due to give evidence in Court, unless the reason for the certification prevents him/her from giving evidence, the member is obliged to attend Court and give evidence.
Travelling expenses incurred are recoverable, as are reasonable additional subsistence/refreshment costs on presentation of receipts.
Injury Sustained on Duty
Any injury suffered whilst on duty (e.g. assault, a road traffic accident, falling over loose equipment, disease, stress etc) should be reported by the member to his/her supervising officer and to the local offices of the Department of Work and Pensions (DWP) to register an industrial injury. DWP may invite the member to claim incapacity benefit. This is an entitlement and may assist in getting an ill health/injury pension, should further aggravation or deterioration result, even at a much later date.
Sick pay will be abated by incapacity benefit if the member is on full sick pay.
An injury received at any sport or game will not be regarded as an injury on duty unless the sporting activity is part of a training programme or otherwise carried out in duty time under a specific order (e.g. PSU training).
In respect of any injury suffered by a member (whether or not incurred on duty) he/she should notify the Joint Branch Board Secretary with a view to obtaining advice as to the possibility of a civil claim and/or a claim under the Criminal injuries compensation scheme.
LEAVE FOR ANTE NATAL CARE, MATERNITY LEAVE, MATERNITY SUPPORT LEAVE AND PATERNITY LEAVE, PARENTAL LEAVE, ADOPTION LEAVE, ADOPTION SUPPORT LEAVE, TIME OFF FOR DEPENDANTS
For police maternity scheme provisions see Police Regulations and also the Police Federation’s “Guidelines to Policewomen’s Maternity Provisions”. Recent PNB agreements on improvements to the scheme have yet to be included in the regulations. This Guidance is based on current determinations amended by those PNB agreements which have still to be implemented. Please contact your JBB for the current position.
Leave for Ante-Natal Care
All female members have the right to paid time off to attend appointments for ante-natal care, subject to production of relevant documentation if requested.
Maternity Leave
The maximum period of maternity leave is 15 months, the whole or any part of which can be taken in one or more periods. The period during which maternity leave can be taken commences six months before the expected week of childbirth and ends no later than 12 months afterwards. The ability to take maternity leave in more than one period allows the member to return to work for a court appearance, training course, etc., and then resume maternity leave.
The scheme allows members to choose when they will commence any period of maternity leave provided that a period of maternity commences no later than the expected date of childbirth.
Paid Maternity Leave
Three months paid maternity leave is available to a female member who:
at the beginning of the eleventh week before the expected date of birth, has served continuously for a period of not less than one year, and at 15 weeks before the expected week of childbirth remains pregnant or has given birth prematurely and at that date the baby remains alive.
Members entitled to paid maternity leave will be paid for the first three months of their leave. Part time members will be paid for the first three months at the rate calculated by reference to their appropriate factor.
Maternity Support Leave (which incorporates previous provisions for Paternity Leave)
PNB has agreed improvements on the provisions in Annex S (see PNB Circular 03/1 and HO Circular 29/2003).
A member who is the child’s father or the mother’s partner or the nominated carer (nominated by the expectant mother) is entitled to 2 weeks maternity support leave, at or around the time of the birth. The first week of maternity support leave will be on full pay.
Members who have 26 weeks continuous service at the 14th week before the expected week of confinement will be entitled to be paid for the second week at statutory paternity pay rate.
Parental Leave
Members who have served continuously for a period of not less that a year; and have, or expect to have, responsibility for a child (through birth or adoption) are entitled to 13 weeks’ unpaid parental leave in respect of any individual child for the purpose of caring for that child. Different conditions apply according to the age of the child, or whether the child is born to the member or placed with him/her for adoption. Where the child is entitled to a disability living allowance the entitlement is 18 weeks’ parental leave.
The period during which the leave may be taken is specified in regulations. The arrangements for taking the leave need to be agreed with the Chief Officer. For further details contact the JBB
Adoption Leave
A member who is a child’s adoptive parent is entitled to 1 week’s adoption leave on full pay, at or around the time of the adoption.
Members who have completed 26 weeks service by the end of the week in which they are notified of being matched with a child for adoption will be entitled to take 26 weeks adoption leave at statutory adoption pay rate, and an additional period of 26 weeks unpaid adoption leave around the time of placement of a child for adoption. For further details about timing of adoption leave see PNB Circular 03/1 (Adv.).
Adoption Support Leave
A member who is the spouse or partner of an adoptive parent is entitled to 2 weeks adoption support leave, at or around the time of adoption.
The first week of adoption support leave will be on full pay. Members who have 26 weeks continuous service at the notification week will be entitled to be paid for the second week at statutory paternity pay rate.
Time off for Dependants
A member is entitled to take reasonable paid time off (normally 1 or 2 days) during normal duty periods in order to take necessary action in an emergency. The member must tell the chief officer the reason for the absence as soon as reasonably practicable, and, if possible state how long he/she expects to be absent.
Where any period of any of the above categories of paid leave coincides with a statutory payment police pay will be offset by the statutory payment.
ALLOWANCES
For full details and current rates see regulation 34 Annex U, or contact the JBB
Motor Vehicle Allowances
Motor vehicle allowances for members using their own vehicles for duty are payable at “Essential User” or “Casual User” rates according to the member’s designation. Rates are adjusted annually. See PNB circular for current rates.
Motor cycle allowances are negotiated locally.
Dog Handlers’ Allowance
A dog handler’s allowance – designed to compensate for caring for a dog on rest days and public holidays – is payable where a police dog is kept and cared for at the members home. A further 25 per cent of the allowance is paid for each additional police dog kept at home. See PNB circular for current rates.
Special Priority Payments
These are single non-pensionable lump sum payments, payable to members in qualifying posts in force schemes who satisfy personal criteria.
Bonus Payments
Bonus payments are payable where the chief officer judges a piece of work by a member to be of an outstandingly demanding, unpleasant or important nature.
EXPENSES
See Regulation 35 Annex V for full details. For further information contact the JBB.
Reimbursement of Medical Charges
Reimbursement is available for NHS medical or dental charges incurred because of an injury received in the execution of duty without the member’s fault.
Removal Expenses
If a member is required to move house in the interests of efficiency, or if the move is due to the exigencies of duty, the police authority shall either reimburse the cost of removal or carry out the removal; reimburse expenses incurred in connection with the sale of the member’s former home; and reimburse expenses (such as estate agents fees, auctioneer’s and solicitors fees, stamp duty and expenses in connection with the redemption, transfer or taking out of a mortgage) incurred in connection with acquisition of the new home and incidental to the move.
These provisions do not apply to members initially joining a force (except on transfer – when removal expenses may be payable). Special provisions apply to university scholars whose removal is the result of having finished their studies.
For further information contact the JBB preferably in advance of a move.
Food and Accommodation Expenses
Members who are prevented in the course of a tour of duty or shift from obtaining a meal in their usual way will be reimbursed the difference between the meal obtained and the meal they would usually take in the course of that tour.
Members retained on duty beyond their normal daily period of duty or shift will be reimbursed the cost of any meal necessarily obtained.
Members will be reimbursed accommodation expenses necessarily incurred in connection with duty away from their usual place of duty or because of being retained on duty beyond their normal kdaily period of duty or shift.
In all cases receipts will need to be presented, and the expenditure must be reasonable.
Advance to Cover Expenses
Members may request an advance to cover probable duty expenses incurred when working away from their normal place of duty.
PROBATION
The probation period is the first two years. The Chief officer has power to shorten or lengthen this. The probation period for a part time member will be adjusted in relation to their determined hours and any period carried out on a full time basis
Time spent during probation on statutory leave for ante natal care, maternity leave, paid maternity leave, maternity support leave, adoption leave, adoption support leave, and time off for dependants is counted as probationary service
A probationer’s services may be dispensed with at any time (at a month’s notice) if the chief officer considers that he/she is not fitted, physically or mentally, to perform the duties of the Office of Constable or is not likely to become an efficient or well conducted Constable
For further information contact the JBB
HEALTH AND SAFETY
Since 1 July 1999 The Health and Safety at Work etc Act 1974 has applied to members of the police service.
If a member has a concern about a health and safety matter (regarding the working environment or any operational matter). He/she should raise it with his/her Police Federation Safety Representative.
For further information and contact details refer to the JBB
EQUALITY AND DIVERSITY
The Sex Discrimination Act 1975, Race Relations Act 1976 (as amended) and Disability Discrimination Act 1995 (since 1st October 2004) apply to the police service. Police officers are also protected under the provisions covering discrimination on religious, part time working or sexuality grounds
It is beyond the scope of this booklet to outline the implications of this legislation.
A member who considers that he/she may have been discriminated against on any of these grounds should contact the JBB office.
Complaints of discrimination may be made to an Employment Tribunal.
The Employment Tribunals are operating new procedures for dispute resolution from 1 October 2004. However, the dispute resolution procedures do not apply to applications from police members. Form ET1 asks for confirmation that the complainant has raised the grievance in writing with the chief officer at least 28 days before lodging the complaint, unless the complainant explains the reasons for not having done so within the Tribunal application. Legal advice confirms that the fact that these provisions do not apply to police officers should be made in answer to the question to avoid misunderstandings and delays. Please see JBB Circular no 42/2004.
A complaint to an Employment Tribunal must be made within three months less one day of the act complained of. In cases where resolution appears to be possible but more time may be needed, the member should consider applying for a short stay to the Employment Tribunal.
From 6 April 2005 any complaint will need exclusively to be made on Form ET1, which can be obtained from any Jobcentre, Law Centre, Citizens Advice Bureau or on line at www.employmenttribunals.gov.uk.
CAREER BREAK SCHEME
PNB has agreed a career break scheme, which has yet to be included in police regulations. Full details can be found in PNB 00/16
The scheme is available to any member who has completed the probationary period, subject to the Chief Constable’s agreement. Members on career breaks will under this scheme remain in the police service. They will not be paid during career breaks and the time out will not count for entitlement to pay increments and paid annual leave.
Entitlement to all pension benefits at the point of commencement of the career break, including death benefits, enhanced ill-health pensions and injury benefits will be protected, also rank and pay point and eligibility for replacement allowance.
A member living in accommodation provided by the force should discuss his/her future in the property with the Chief Constable before applying for a career break.
COMPETENCY RELATED THRESHOLD PAYMENTS
Current pay scales are published in PNB circulars. Pay is uprated annually from 1 September. Details may be obtained from the Joint Branch Board or from Office of Manpower Economics (OME)
Website www.ome.uk.com/
Pay arrangements for federated ranks are currently being revised in order to reduce the length of the incremental pay scales. Some changes to incremental dates have been necessary to avoid introducing anomalies and ensure fairness across the service.
Competence related threshold payments for Constables, Sergeants, Inspectors and Chief Inspectors.
Threshold payments are available to members who have spent at least one year at the top of the pay scale for the rank, subject to the determining officer’s decision that they have demonstrated high professional competence under each of the following national standards:
Professional competence and results;
Commitment to the job;
Relations with the public and colleagues;
Willingness to learn and adjust to new circumstances.
Full details of the scheme and a copy of the application form can be found at regulation 24 Annex F. Members are advised to submit an application in advance of the date they become eligible since any payments will be made with effect from the date of eligibility or the date of application, whichever is the later.
Temporary Salary (Acting Up)
A member who has acted up in the higher rank for 14 complete days (at least 112 hours of complete shifts for a part time member) is paid for each further complete day or shift at a rate equal to the lowest rate to which he would be entitled on promotion to the higher rank.
Service in the higher rank on temporary salary is not reckonable for salary increments in the higher rank pay scale but is reckonable as time served in the substantive rank. The additional salary is pensionable.
For further provisions concerning acting up in inspector rank or above please contact the JBB.
Temporary Promotion
Temporary Promotion is covered in the Police Promotion Regulations.
In addition a chief inspector who has acted up in the rank of superintendent for a period of two months or more will be temporarily promoted to the superintendent rank, and, while temporarily promoted, paid at the point on the scale which would have applied if the promotion had not been temporary (Annex I).
An officer on temporary promotion reverts to substantive rank when no longer required to perform the duties of the higher rank.
Temporary promotion pay is pensionable, and service in the higher rank on temporary promotion is reckonable for salary increases in both the substantive rank and the higher rank. Service in the higher rank is counted should an officer again be temporarily promoted or be permanently promoted.
USEFUL WEBSITE ADDRESSES
Website of the Police Federation of England and Wales
Website of the Independent Secretariat of the Police Negotiating Board and Police Advisory Board – Contains PNB Circulars, pay agreements etc.
www.legislation.hmso.gov.uk/legislation/uk.htm
Website of The Stationary Office which contains copies of statutory instruments, eg police regulations and amendments. Police Regulations 2003 SI 2003:527; Police (Amendment) Regulations 2003 SI 2003:2495; and Police (Amendment) Regulations 2004 SI2004:3216 can be found here.
www.knowledgenetwork.gov.uk/HO/circular.nsf/
Website of Home office, which contains Home office circulars. Determinations made under Police Regulations 2003 issued under Home Office Circular 023/2003 can be found here.
www.employmenttribunals.gov.uk/
Website of the Employment Tribunals.
Website of the Equal Opportunities Commission
Website of the Commission for Racial Equality.
Website of the Disability Rights Commission
Website of the Health and Safety Executive.