NOT PROTECTIVELY MARKED LINCOLNSHIRE POLICE Policy Document 1. POLICY IDENTIFICATION PAGE POLICY TITLE: USE AND AUTHORISATION OF POLICE OFFICER OVERTIME POLICY REFERENCE NO: PD157 (2) POLICY OWNERSHIP: 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 POLICY EFFECTIVE DATE: 07/04/2014 POLICY REVIEW DATE: 07/04/2015 VERSION: DATE: REASON FOR ISSUE: (1) Jan-11 Updated to align to new force structure effective from 31 May 2011 (2) Apr-14 Updated due to introduction of t-Police st -1- NOT PROTECTIVELY MARKED 2. 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. 3. POLICY STATEMENTS/INTENTIONS 3.1 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. 3.2 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. 4. INTRODUCTION/LEGAL BASIS 4.1 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 -2- NOT PROTECTIVELY MARKED 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. 4.2 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 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 period. 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. Example: 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 -3- NOT PROTECTIVELY MARKED 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. Example: 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. REST DAY AND PUBLIC HOLIDAY WORKING 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). -4- NOT PROTECTIVELY MARKED (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. General 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. -5- NOT PROTECTIVELY MARKED 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 procedure. 4.4 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. 4.5 Human Rights Considerations/Articles Engaged Under the Human Rights Act 1998 it is unlawful for a public authority to act -6- NOT PROTECTIVELY MARKED 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 discrimination. 5. APPENDICES Appendix A – Overtime Procedure Appendix B Authorising Officers Guidance 6. IMPLICATIONS OF THE POLICY 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: 6.1 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. 6.2 Human Resources/Training Appropriate marketing and distribution of the policy and guidelines will suffice and there are no known implications for HR and Training. 6.3 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” -7- NOT PROTECTIVELY MARKED 6.4 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. 6.5 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. 6.6 Diversity 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) 6.7 Children and Young People There is no identified impact 6.8 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. 6.9 Internal Policy/Strategy Links See Policy Identification Sheet. 6.10 Consultation 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. -8- NOT PROTECTIVELY MARKED 6.11 Publication 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. 7. PROMOTION/DISTRIBUTION This policy will be published on the force Intranet and followed up with a routine order directing the reader to the Intranet 8. MONITORING/REVIEW The policy will be monitored by Strategic Development Department where periods of review will be decided. -9-
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