Management of Working Time for Inspectors and Chief Inspectors Reference No. P13:2011 Implementation date 9 October 2011 Version Number 1.2 Reference No: Name. Linked documents P14:2010 Management of Overtime procedure for Constables and Sergeants Policy Section Procedure Section Suitable for Publication Yes Yes Protective Marking PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE.
Table of Contents 1 Policy Section... 3 1.1 Statement of Intent Aim and Rationale... 3 1.2 Our Visions and Values... 3 1.3 People, Confidence and Equality... 3 2 Standards... 4 2.1 Legal Basis... 4 2.2 People, Confidence and Equality Impact Assessment... 5 2.3 Any Other Standards... Error! Bookmark not defined. 2.4 Monitoring / Feedback... 5 3 Procedure Section... 6 3.1 Principles of Inspecting Ranks Working Time Procedure... 6 3.2 Working Time Recording System... 7 3.3 Procedural Responsibilities... 8 3.4 Rest Days and Public Holidays... 9 4 Consultation and Authorisation... 10 4.1 Consultation... 10 4.2 Authorisation of this version... 10 5 Version Control... 10 5.1 Review... 10 5.2 Version History... 11 5.3 Related Forms... 11 5.4 Document History... 11 2
1 Policy Section 1.1 Statement of Intent Aim and Rationale This policy and procedure sets out how duty hours for Inspectors and Chief Inspectors will be established and recorded. The procedure is written in accordance with Police Regulations 2003 and Home Office circular 21/97 and seeks to ensure that there is compliance with the Working Time Regulations 1998, and that officers are able to maintain a healthy work/life balance. 1.2 Our Visions and Values Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for You Our strategic priority is to achieve two clear objectives: To Make Dorset Safer To Make Dorset Feel Safer In doing this we will act in accordance with Our Values of: Integrity Professionalism Fairness and Respect National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance. Code of Ethics The Code of Ethics underpins every day policy, procedures, decision and action in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. 1.3 People, Confidence and Equality This document seeks to achieve the priority to make Dorset feel safer by securing trust and confidence. Research identifies that this is achieved through delivering services which: 1. Address individual needs and expectations 3
2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism 5. Express Force values 6. Instil confidence in staff This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Comprehensive consultation and surveying has identified a common need and expectation for communities in Dorset to be:- - Listened to - Kept informed - Protected, and - Supported. 2 Standards 2.1 Legal Basis This procedure is written in accordance with Police Regulations 2003, Home Office Circular 21/1997 and PNB Circular 2/2012. There is no entitlement to compensation, either by pay or time off for excess hours worked by officers of Inspecting ranks as there is no provision under Police Regulations 2003 for the Chief Constable to be able to do this. The background to this regulation is that in 1994 Inspectors and Chief Inspectors salaries were increased as part of an agreement that removed any entitlement to overtime. Home Officer Circular 21/97 in giving guidance on the subject of working time for Inspectors and Chief Inspectors stated, the changes to conditions for members of the ranks of Inspector and Chief Inspector introduced with effect from 01 September 1994 should not have altered, nor were they intended to alter, the average hours worked each week in posts filled by members of those ranks. In line with this guidance the Chief Constable does not expect officers to routinely work in excess of 40 hours per week, except in exceptional circumstances dictated by operational needs. The procedure seeks to ensure that there is compliance with the Working Time Regulations 1998 which specifies that reasonable steps should be taken to ensure that officers do not work more than an average of 48 hours per week averaged over a 17 week period. For the purpose of the agreed Working Time Agreement for Dorset Police, this time period is reduced to 15 weeks. This procedure should be read in conjunction with the Force Agreement for the Purpose of the Working Time Regulations 1998. 4
2.2 People, Confidence and Equality Impact Assessment During the creation of this document, this business area is subject to an assessment process entitled People, Confidence and Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 2.3 Monitoring / Feedback The HR Specialist Officer, Core HR, will be responsible for overseeing this procedure to ensure a consistent Force approach is maintained. Monitoring will be primarily carried out subject to Force processes of continuing review. Feedback relating to this procedure can be made in writing or by e-mail to: Address: HR Specialist (Core HR), LDU Department, Dorset Police, Winfrith, Dorset, DT2 8DZ E-mail: lynn.tong@dorset.pnn.police.uk Telephone: 01305 223724 5
3 Procedure Section 3.1 Principles of Inspecting Ranks Working Time Procedure 3.1.1 This procedure is supplementary to the existing Working Time Agreement between the Force and the Federation. The purpose is to explain how Dorset Police will manage, monitor and record working time for Inspectors and Chief Inspectors to ensure compliance with Legislation and to ensure these officers receive adequate periods of rest when required to work extended tours of duty. 3.1.2 The Working Time Regulations 1998 and the Health and Safety at Work Act 1974 create offences which may result in proceedings against the Chief Constable or individual officers and employees for any breach of regulations. 3.1.3 Working Time Regulations dictate that officers should not work in excess of 48 hours per week averaged over a 17 week period. For the purpose of the agreed Working Time Agreement for Dorset Police, this time period is reduced to 15 weeks. 3.1.4 Home Officer Circular 21/97 in giving guidance on the subject of working time for Inspectors and Chief Inspectors stated, the changes to conditions for members of the ranks of Inspector and Chief Inspector introduced with effect from 01 September 1994 should not have altered, nor were they intended to alter, the average hours worked each week in posts filled by members of those ranks. In line with this guidance the Chief Constable does not expect officers to routinely work in excess of 40 hours per week, except in exceptional circumstances dictated by operational needs. 3.1.5 There is no entitlement to compensation, either by pay or time off for excess hours worked as there is no provision under Police Regulations 2003 for the Chief Constable to be able to do this. The background to this regulation is that in 1994 Inspectors and Chief Inspectors salaries were increased as part of an agreement that removed any entitlement to overtime. 3.1.6 Chief Officers and the Commanders recognise that the Inspecting ranks are pivotal in leading the workforce and overseeing many significant events and investigations and much of this is undertaken quietly and efficiently in the background without direct senior command oversight. This often includes working extended hours for which the overtime buy-out introduced in 1994, now worth a pensionable 5,500 per annum, is intended to provide some recompense. However, it was not intended to alter the average amount of hours worked by Inspecting ranks and the Chief Constable does not expect Inspecting ranks routinely to work in excess of 40 hours a week. 3.1.7 The Force is unable to agree an hour for an hour time off there is no basis in regulations to do this and it may set a precedent for other forces and regions. However, Inspecting ranks are senior officers and as such are encouraged to use professional discretion about their own time management for their resilience and effectiveness. Line managers are expected to support them and facilitate a reasonable balance of working hours. It is acknowledged that some Inspecting roles have less control or discretion about the hours they will be required to work e.g. Duty SIO, Duty Inspectors and Duty Force Controllers and they need additional support to forward plan time off to rebalance excessive hours worked or support to help manage working time e.g. providing acting Inspector/acting Chief Inspector cover to allow them to deal with exceptional demands e.g. end-of-year eppp completion. 6
3.1.8 Part-time Inspecting ranks are entitled to claim overtime (at flat rate) for the differential between their contracted hours and the additional hours worked; up to 40 hours per week. 3.1.9 In accordance with Annex E of Regulation 22 of Police Regulations, Inspectors and Chief Inspectors should, so far as the exigencies of duty permit be allowed to take a day s leave on each public holiday and be granted rest days at the rate of two in respect of each week. 3.1.10 Any Inspector or Chief Inspector who works on a rostered rest day or public holiday is entitled to an additional day s leave as compensation. Police Regulations require that this day must be taken within 12 months unless the officer has been prevented by the exigencies of duty from taking it. 3.1.11 The Working Time Recording System must be used by all Inspectors and Chief Inspectors to ensure an accurate record of their time worked is recorded. 3.1.12 In common with other health and safety related matters, all staff and managers have responsibilities in relation to recording working time. These requirements are set out in the Force Health and Safety Policy. 3.2 Working Time Recording System 3.2.1 The Working Time Recording System provides all individuals and managers with the means to ensure their obligations under the Working Time Regulations 1988 are complied with in terms of the average working week, daily rest breaks and daily/weekly rest periods. 3.2.2 The Working Time Recording System must be utilised by all Inspecting ranks. As leaders, Inspecting ranks should be setting an example by doing so, this will also help identify where pressure is building up for excessive hours being worked in the organisation. 3.2.3 The system allows Inspecting ranks to monitor their own working hours to ensure adherence to Working Time Regulations. It also allows line managers to easily monitor their officer s working time by providing the facility for daily review and the obligation to authorise records after every 4 week cycle. 3.2.4 The monitoring of Inspector s and Chief Inspector s working hours to ensure compliance with the Working Time Regulations 1998 is the responsibility of Line Management. A comprehensive range of reports for the monitoring of system usage and exception reporting is available. 3.2.5 Inspectors and Chief Inspectors equally have a responsibility to monitor their own working hours to ensure that their average working hours do not exceed 48 hours per week (calculated over a 15-week period). 3.2.6 There is no entitlement to compensation, either by pay or time off for excess hours worked, therefore the flexi-time and cumulative totals section on the Working Time Recording System will be used as a management tool. 7
3.2.7 It is recognised that on occasion additional hours are performed on an unplanned or/and planned basis for operational reasons, therefore the Force has created the facility on the Working Time Recording System so that Inspecting ranks and their line managers can examine both unplanned and planned overtime and apply discretion in taking some time off to rebalance excessive hours worked. They and their line management must take all reasonable steps to ensure they do not work excessive hours and give due consideration to the Working Time Regulations. This will not be de facto overtime for payment/time in lieu records for the reasons outlined above but it will clearly be relevant to allow line managers to apply discretion about taking time off to ensure a reasonable balance. 3.2.8 Inspecting Ranks planned overtime (unpaid) can be recorded on the Electronic Working Time Recording System. When entering the time taken on the electronic record, the Inspecting Ranks Planned Overtime option from the drop-down selection box should be selected. The entry in this field will be for monitoring purposes only; providing line managers with the facility to review on what basis the additional hours have been accrued when they authorise the working time record after every 4 week cycle. 3.2.9 Comment boxes are also available on Electronic Working Time Recording forms that display notes for the whole week. The facility is available to all staff and will enable notes to be added for any day/date; e.g. detail relating to overtime such as Incident Log numbers, allowing supervisors to accurately monitor and approve all linked claims. The text boxes are only editable during an unauthorised settlement period. 3.3 Procedural Responsibilities 3.3.1 Inspectors/Chief Inspector Responsibilities 3.3.1.1 It is the responsibility of Inspectors and Chief Inspectors to enter a record of their hours worked on the computerised Working Time Recording System. 3.3.2 Inspectors and Chief Inspectors have a responsibility to monitor their own working hours to ensure that their average working hours do not exceed 48 hours per week (calculated over a 15-week period). The Weekly Working Time Average is displayed in the Weekly Total Column on the Working Time Recording Sheet. 3.3.3 In cases where Inspectors and Chief Inspectors are nearing the maximum working hours, there is a requirement to bring this to the attention of line management as soon as possible. 3.3.4 Officers of Inspecting ranks who work part-time hours are entitled to claim overtime (at the flat hourly rate) for additional hours they work in excess of their contracted parttime hours. Full-time officers are paid for 40 hours a week but do not receive overtime payments. Therefore, overtime can only be claimed for the additional hours worked up to 40 hours per week. 3.3.2 First Line Manager Responsibilities 3.3.2.1 It is the responsibility of line managers to regularly review the working hours of Inspectors and Chief Inspectors to ensure that excessive hours are not accrued. 8
3.3.2.2 Where it is necessary for additional hours to be worked, Inspectors and Chief Inspectors are governed by the Working Time Directive and line managers must ensure that their average working hours do not exceed 48 hours per week, (calculated over a 15- week period). 3.3.2.3 In cases where Inspectors and Chief Inspectors are nearing the maximum working hours of 48 hours per week (calculated over a 15-week period), it is the responsibility of line managers to ensure that compensatory arrangements are made to reduce the average to the 48 hour limit. 3.3.3 Duties Officer s Responsibilities 3.3.3.1 It is the responsibility of Duties Officers to identify where there is a requirement for an Inspector or Chief Inspector to work on a Public Holiday or a rostered rest day where the date is known in advance. 3.3.3.2 It is the responsibility of Duties Officers to re-roster rest days that fall on Public Holidays. The rest day must be reallocated within a period of 12 months from the date of the Public holiday and the officer notified of the reallocated rest day. 3.4 Rest Days and Public Holidays 3.4.1 Time off in Lieu of Rest Days 3.4.1.1 Work performed on a rest day will be compensated in accordance with Police Regulations, e.g. a day s leave will be granted which is to be taken within 12 months for each such day worked. It is the responsibility of Duties Officers to ensure that rest days are re-rostered within the 12 month period. 3.4.1.2 In exceptional circumstances where the officer has been prevented by the exigencies of duty from taking the time off, the line manager will consider the following options: Require the officer to take the rest day in lieu; Carry forward the rest day beyond the 12 month period; Delete the rest day in lieu. 3.4.2 Time off in Lieu of Bank Holidays 3.4.2.1 Work performed on a Public Holiday will be compensated in accordance with Police Regulations, e.g. a day s leave will be granted which is to be taken within 12 months for each such day worked. It is the responsibility of Duties Officers to ensure that rest days are re-rostered within the 12 month period. 3.4.2.2 In exceptional circumstances where the officer has been prevented by the exigencies of duty from taking the time off, the line manager will consider the following options: Require the officer to take the rest day in lieu; Carry forward the rest day beyond the 12 month period; Delete the rest day in lieu 9
4 Consultation and Authorisation 4.1 Consultation Version No: Name Signature Date Police & Crime Commissioner Police Federation Superintendents Association UNISON Other Relevant Partners (if applicable) 4.2 Authorisation of this version Version No: Name Signature Date Prepared: Quality assured: Authorised: Approved: 5 Version Control 5.1 Review Date of next scheduled review Date: 10
5.2 Version History Version Date Reason for Change Created / Amended by 1.0 Initial Document 1.1 9/10/12 Procedure amended to reflect a Mrs L Tong statement agreed in consultation with the Federation and the ACC as the position for the Force in relation to Inspecting ranks and working time 1.2 27/11/14 The policy has been reviewed in preparation for NICHE implementation (April 2015), no changes necessary Policy Co-ordinator(6362) 5.3 Related Forms Force Ref. No. Title / Name Version No. Review Date 5.4 Document History Present Portfolio Holder Present Document Owner Present Owning Department Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Date Approved: Chief Officer Approving: Template version January 2013 11