Overtime (Use and Authorisation of Police Officer) Policy PD 157


Overtime (Use and Authorisation of Police Officer) Policy PD 157
Policy Document
PD157 (2)
ACPO Commissioning Officer:
Deputy Chief Constable
Portfolio / Business-area Owner:
Service Delivery Director
Department Responsible:
Human Resources
Senior Owner:
HR Director
Links or overlaps with other policies/strategies:
Lincolnshire Policing Plan
Managing Attendance Policy PD6(2)
Business Continuity Crisis Management Policy PD90
Critical Incidents (Management and Prevention of) Policy PD104
Disciplinary Procedure
Health and Safety Policy PD27(2)
HR (Human Resources) Policy PD115
Improving Force Performance Policy PD46
Initial Crime Attendance Policy PD59
Major Crime Investigations (Staffing) Policy PD127
Missing Persons Policy PD76(2)
European Working Time Directive Compliance
Standing Order B3 – Duty and Leave
Updated to align to new force structure effective from 31 May 2011
Updated due to introduction of t-Police
Legislative Compliance
This document has been drafted to comply with the principles of the Human
Rights Act.
Public disclosure is approved unless otherwise indicated or justified.
Adherence to this policy will ensure compliance with all relevant legislation
and internal policies.
The principles and scope of the policy
This policy focuses on issues of health, safety, welfare, conduct and discipline whilst
incorporating best value and practice in respect of the use and authorisation of
Police Officer overtime working.
Lincolnshire Police is committed to providing a safe, healthy and productive working
environment. Misuse of the facility to authorise overtime working can lead to reduced
efficiency, increased risk of accidents, increased health and welfare issues,
increased vulnerability to corruption and potential criminal and disciplinary
consequences. This can, in turn, have serious consequences for individuals, their
families, the public and the reputation of the force. Inappropriate use and
authorisation of overtime is also costly and does not correlate with best value
principles of the force.
The public rightly expects Lincolnshire Police to make best use of all available
resources and utilise overtime only when necessary, appropriate and all other
alternatives have been exhausted.
The aim of the policy
To articulate and define a framework of governance which will facilitate the
appropriate levels of approval and control over the use of overtime working.
To provide clarity on standards and appropriate level of awareness on the required
procedures associated with the governance of overtime working
To provide a link to a detailed map of all appropriate business processes and flows
necessary to manage the use of overtime working in the force.
Motivators/Driving Forces
The main driver for the implementation of this policy is to ensure consistency across
the force in respect of the authorisation of overtime and identify annual cash savings
to free up money to support front line policing. In parallel, there is a need to establish
guidance on governance, controls, working practices and processes to enable and
foster the sustainability of savings in the future.
Furthermore, HMIC will carry out inspections of forces to test whether the workforce
is led and organised in the most economical, efficient and effective manner to
achieve outcomes for the public.
HMIC has also produced Value for Money (VFM) profiles to be used as a diagnostic
tool to help forces provide more economical, efficient and effective services. The
VFM profiles bring together resource information (financial and staffing data),
workload (crime data), outcomes and public confidence information.
Elements of the VFM profile will be used in the HMIC Rounded Assessment, the
annual force performance publication. The Force needs to demonstrate to HMIC and
the public that overtime complies with the VFM standards.
General Principles of the Policy
The over-riding principle of this policy is that overtime should only be authorised
when necessary, appropriate and all other alternatives have been exhausted.
Overtime for constables and sergeants is determined by Police Regulations 2003
and is potentially payable (or equivalent time off in lieu may be requested) when:
officers are required to remain on duty after their tour of duty 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 officers 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 eligible for overtime for each completed 15 minute
Unplanned overtime
This term applies where officers 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 an officer 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.
The Force Day commences at 07.00. Having completed a day’s duty on a Monday,
the officer is recalled to duty at 02.00 Tuesday morning. The duty only lasts two
hours, after which time he/she returns home. The officer is entitled to claim four
hours overtime, and may then be required to carry out normal duty on the Tuesday
subject to European Working Time Directive considerations. N.B: If the duty lasts in
excess of four hours, the claim will be for the actual hours worked (plus appropriate
travelling time).
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
necessarily attract the minimum four hours compensation provided in regulations
unless there are exceptional circumstances. However, this point may be arguable if
the telephone call is of significant duration. If an officer receives a call which requires
necessary action or duty to be performed, this may be a recall to duty, and the officer
may be eligible for appropriate compensation. Cases of doubt should be referred to
the Head of Department for payment authorisation. Prior to contacting an off duty
officer by phone the caller, which should be a supervising officer, must consider if the
call is necessary, appropriate and whether all other alternatives have been explored.
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 officer 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.
The Force Day commences at 07.00. If the rostered tour of duty was 07.00 – 15.00
and the officer is told at 03.00 to attend for duty at 05.00 hours and work until 15.00
hours, he/she will be entitled to an overtime allowance at time and a third for the
period 05.00 to 07.00, plain time for the period 0.700 to 13.00, and time and one third
for the period 13.00 to 15.00. 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”. Officers 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.
Compensation for duty on a rostered rest day
Where officers 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 officer
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. Where the officer is
retained on duty from a rostered duty into a rest day, and the period worked on the
rest day 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 completed (no discount for casual overtime).
(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 officer
is required to do duty.)
Adopting of the principle of ensuring that all overtime is necessary, appropriate and
other alternatives have been explored then consideration should always be given to
the potential for using “acting” ranks for staffing of Sergeants abstraction.
Compensation for duty on a public holiday
When required to do duty on a public holiday officers 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 an officer 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. Officers 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
officer is not required to attend for duty. Where more than seven days’ notice is
received that the officer 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
officer may either choose to take the rest day/public holiday or work and claim
compensation in accordance with police regulations.
Efficiency savings realised through effective management of the authorisation of
overtime can be re-invested into front line policing. This principle requires that
managers are focused on seeking cost efficient methods of managing overtime and
identifying best practice.
Departmental Heads are responsible for ensuring that appropriate shift patterns are
adopted to maximise the available resources to match demand whilst minimising the
requirement for excessive and repeated overtime working.
All casual overtime working must be authorised at the appropriate level. In the case
of Police Officers, unless there are exceptional circumstances, the appropriate level
of authorisation is Inspector or above. The cancellation of a rest day must be
authorised by an officer of Superintendent or above.
Overtime practices and procedures will be subject of scrutiny alongside the Service
Delivery process chaired by the Deputy Chief Constable (DCC). Departmental Heads
will be asked to account for spend to date and explain recovery plans for any
identified overspend.
Procedure for out of hours authorisations
Out of hours there will normally be at least two Inspectors on duty in the force. Where
no local Inspector is on duty casual overtime will require the authorisation of either
the Force Night Duty Inspector or Duty Inspector FCCC. The full procedures for out
of hours authorisations are detailed in the guidance published at Appendix B
Time off in Lieu (TOIL)
All overtime worked should be recorded and monitored through the SPOTS system
and no overtime should be left unaccounted for.
Time off in lieu will be curtailed automatically on the force finance system once an
officer reaches 80 hours. The officer will then automatically be given the option to
receive the appropriate payment for the time worked. For this reason it is not
acceptable to simply authorise overtime on the understanding that it will be taken by
way of TOIL without appropriate questioning. Exactly the same considerations must
be given to all authorisations for overtime and the principles of necessity,
appropriateness and other alternatives explored. Because officers with 80 hours
TOIL outstanding may only work for payment it is incumbent on the authorising
officer to confirm an officers outstanding TOIL at the time of authorisation.
Overtime Claims
Overtime payment and TOIL Claims should be made through t-police ensuring that
hours worked are accurately recorded is the responsibility of the individual. The
Overtime Procedure provides guidance for supervisors on how to correctly update tpolice with details of any overtime worked.
Late submissions of claim may not be paid or TOIL granted. Any overtime claim
submitted for payment or TOIL that is 6 weeks old will be referred to the
Departmental Head for consideration as to whether payment is still appropriate. Late
payments will only be authorised in exceptional circumstances.
Authorising Officer Guidance
Authorising officer guidance notes are attached at Appendix B, and at the overtime
Legal Basis
The legal basis in which the policy is to operate can be found in Police Regulations 2003
 Human Rights Act 1998
 Data Protection Act 1984 & 1998
 Freedom of Information Act 2000
 Criminal Justice & Police Act 2001
 European Working Time Directive
 Police Act 1996 and
 Police Reform Act 2002.
Human Rights Considerations/Articles Engaged
Under the Human Rights Act 1998 it is unlawful for a public authority to act
incompatibly with the European Convention on Human Rights. Police forces have a
duty not to infringe human rights and have an obligation to protect those rights in
certain circumstances.
All police personnel (Police Officers, Police Staff, Volunteers) and those affected by
our actions are entitled to a safe and healthy working environment under Article 2.
This policy aims to protect that right so far as is reasonably practicable.
Lincolnshire Police acknowledges that this policy has the potential to be in breach of
Article 8, the Right to respect for private and family life. However, in accordance with
Article 8(2) these restrictions are considered necessary and proportional in a
democratic society for the prevention of disorder and crime and for the protection of
health and morals.
In applying this policy Lincolnshire Police will not unlawfully discriminate against any
person on any grounds, in accordance with Article 14, the Prohibition of
Appendix A – Overtime Procedure
Appendix B Authorising Officers Guidance
It is recognised that the guidance contained under this heading may not be
directly applicable to all policies. Where it is relevant however, the following
areas should be considered:
Financial Implications/Best Value
This policy will ensure that the principles of best value are adhered to in respect of
overtime working. Guidance notes published for authorising officers will further
ensure that decisions taken on overtime will be consistent across the force.
Human Resources/Training
Appropriate marketing and distribution of the policy and guidelines will suffice and
there are no known implications for HR and Training.
Strategic/Business Plan
The link to the Lincolnshire Policing Plan through the promotion of Value for Money
principles as outlined under the heading Resource Management which states
“Getting the most from our resources and managing our risks effectively are key:
• In terms of Value for Money, we aim to be assessed by the Audit Commission as
“performing well” in their Use of Resources assessment.
• We will prioritise our activities and address risks by introducing an approach which
demonstrates the linkage between performance outcomes and financial allocations
We will achieve efficiency savings of at least £10 million over the three years and
develop approaches to raise funding from sponsorship and other income generating
initiatives, which will be ploughed back into front line policing”
Risk Management
Risks are apparent if controls on overtime reduce staffing to unacceptable levels. This
policy addresses these risks by ensuring that there is sufficient flexibility in the
authorisation process to cater for exceptional circumstance. Financial risks are
apparent if no controls are placed on overtime working. The ethos of this report
centres around balance, identification and management of need.
Health and Safety
The European Working Time Directive sets out clear guidelines for working hours of
all employees. This policy assists compliance by monitoring and managing the
requirement to work overtime whilst supporting processes will ensure that accurate
records are kept of working hours.
This policy and procedures will be applied equally to all staff. A Race Impact
Assessment has been carried out and the overall impact is deemed low.
This policy applies to all groups and will embrace the six strands of diversity. (Age,
Disability, Gender, Race, Religion and Sexual Orientation)
Children and Young People
There is no identified impact
Crime and Disorder Act
Where organisational factors affecting welfare of individuals or groups have been
identified and improvements have been recommended, then Section17 of the Crime
and Disorder Act needs to be considered as to what impact any change will have on
crime and disorder. Risks are apparent if controls on overtime reduce staffing to
unacceptable levels. This policy addresses these risks by ensuring that there is
sufficient flexibility in the authorisation process to cater for the appropriate policing of
crime and disorder. The ethos of this report centres around balance, identification and
management of need.
Internal Policy/Strategy Links
See Policy Identification Sheet.
This policy was consultated on through HQ Strategic Development Dept, and was
considered at the Chief Command Group. As part of the implementation of t-police
minor changes have been made to remove reference to overtime claim forms.
This policy will be published on the force Intranet for internal use and public access
will be available through the Force Website on the Internet.
This policy will be published on the force Intranet and followed up with a routine
order directing the reader to the Intranet
The policy will be monitored by Strategic Development Department where periods of
review will be decided.