FAQ's

Frequently Asked Questions

For ease of reference we are trying here to provide you with basic advice on certain key areas which experience shows are of regular concern to you the membership. If you consider that there is an areas which should be included here but currently is not then please speak to your local federation representative about it.

To make this part of the website easier to navigate we have placed the FAQs under specific title headings.

PAY & OVERTIME

1. Is it true that full time officials of the Joint Branch Board receive Chief Inspector's Pay?
No, the Joint Branch Board officials receive the normal pay for their rank together with a long standing agreement they do not claim overtime.

DUTY ROSTERS

12. I was told I had to start my shift earlier than scheduled, what can I claim?
Where the time at which an officer is due to commence a rostered tour of duty is brought forward without due notice (less than 11 hours) so that they are required to commence duty on a day in which they have already completed their normal period of duty. The time for which they are on duty before the rostered commencement time shall be reckonable as overtime and also taken into account as part of that tour of duty. The force day commences at 7 A.M.
If the day were a rest day, then the overtime would be at double time for a minimum of 4 hours.
If you are given more than 11 hours notice of the duty change then your working day merely starts at the new time.

13. What is a recall to duty?
A recall to duty occurs when an officer has finished their tour of duty and is recalled to work prior to the start of the next tour of duty. For being recalled to duty there is a minimum of 4 hours payment. In order to obtain the 4 hours the officer must be called out and return home again before the start of the next tour of duty. In other words it is like an island of time in between two tours of duty. If you do not go home again having been called out but continue working then this can mean one of two things. If you are required to return to duty with less than 8 hours notice on a day on which you have already completed a tour of duty, then you are on overtime from the time you come on duty until the start of your rostered tour of duty. That time also counts towards the time of your current duty as well. If however, you are given sufficient notice to come back to work on a day you have already worked then that is merely an advancement of the start of the force day and no overtime is accrued.

Example: Officer works 9-5 on Monday and is rostered to work 9-5 on Tuesday. If they are called out at 0300 on Tuesday morning and continue working until 1400 hours they are required without sufficient notice to work on a day when they have already completed 8 hours and therefore are on overtime from 03.00 until the start of their rostered duty 09.00 and it counts towards their current day so they are also on overtime from 1100 hours to 1400 hours. Total = 9 hours overtimeIf they are warned at 1700 hours to be on duty at 0300 hours then that is sufficient time and the 0300 start is only a moving forward of the force day so they start at 0300 hours and only go onto overtime at 1100 hours. Total = 3 hours overtime.

14. I am being asked to change my duties at short notice, can they do that?
The Chief Officer shall cause to be published duty rosters for members of his/her force after full consultation with the Joint Branch Board at intervals not exceeding 12 months and not later than 1 month before the date in which it starts.

Each roster will set out for at least 3 months the following:

• His/her rest days.
• Public Holidays in which he/she may be required to do duty on.
• The time at which his/her scheduled daily period of duty begins & end.
• For part time members his/her free days.
• Intervals of at least 11 hours between the end and the beginning of the next shift.
• An interval between rostered rest days not exceeding 7 days.

Where alterations are made to an annual duty roster after its publication these changes must arise from the exigencies of duty (unless they are made at the officer's own request or have otherwise been agreed with the joint branch board). The term exigencies of duty, should be interpreted as relating to situations where a pressing demand, need or requirement is perceived that is not reasonably avoidable and necessitates a change of roster.

In this context the word, pressing, relates to the expected situation at the time when the duty is to be performed rather than the time when the duty roster is changed, i.e. the reasons for a change may be known many months in advance but still be pressing.

Changes to rosters should only be made after full consideration of welfare, operational and practical circumstances rather than purely on financial grounds.

Because rosters are produced 3months in advance a number of unforeseen reasons for changes may subsequently arise. It is clearly not possible to produce an exhaustive list of all of the potential reasons, which may necessitate changes. However, by way of example, unforeseen public order situations, court attendance and essential training would justify changes to rostered duties. An officer should be told as soon as the requirement for the change is known and at the latest, by midnight on the calendar day before the changed period of duty commences.

15. I am an Inspector and do not have a duty roster published. Is this right?
Yes. Police Regulations do not require rosters to be published for Inspectors or Chief Inspectors but Home Office Circular 21/97 states that inspectors and chief inspectors, no less than other members, need to be able to plan for work, personal and family commitments. Therefore, it is important that you should be given reasonable notice of when you will be required to be on duty.

16. What about my entitlement to a meal break?
Your right to a refreshment break is contained within Police Regulation 22 Annex E. This states that where an officer is on duty for a continuous period of 5 hours or more, time for refreshment shall, as far as exigencies of duty permit, be allowed as in the following table;

Number of Hours Refreshment Time

• than 6 hours 30 minutes
• 6 hours or more, but less than 7 hours 35 minutes
  
• 7 hours or more, but less than 8 hours 40 minutes
  
• 8 hours or more, but less than 9 hours 45 minutes
  
• 9 hours or more, but less than 10 hours 50 minutes
  
• 10 hours or more 60 minutes

The refreshment period should be between the 3rd and 6th hour of your shift, whenever practicable. Therefore it should never be the norm that you are required or rostered to take your break outside this period.

Refreshment breaks are granted subject to exigencies of service, which is a pressing need or requirement which cannot be reasonably avoided. However, this does not mean that they can be abused or ignored. Unfortunately, we are aware from feedback from members that this is increasingly the case, and refreshment breaks are increasingly being interrupted or there is no opportunity to take them.

Unlike most other workers Police Officers are paid for their refreshment break as they are required to remain available to return to duty. For this reason it is not lawful if you do not get a refreshment break to take it at the end of your shift as time due. However, as Police Regulations offer little protection when refreshment breaks are not taken or interrupted we must rely on other legislation which may assist.

Working Time Regulations are Health and Safety legislation which covers Police Officers. They set down minimum standards which all workers are entitled to by law. Regulation 12 of the Working Time Regulations provides that were a worker’s daily time is more than 6 hours they are entitled to a rest break. This is a minimum standard and does not mean that a 20 minute break should be the norm and Police Regulations can be ignored. What it does set down is your entitlement to take that break. This should be an uninterrupted period and you are entitled to spend this away from your work station of applicable.

Breaches of the Working Time Regulations can be dealt with by an Employment Tribunal or complaint to the Health and Safety Executive who can issue the Force with an improvement notice, or even prosecute the Force if the situation is not improved.

When you do not get your entitlement to a refreshment break, or it is interrupted by a requirement to return to duty, you should ensure that this is recorded in your pocket book. You should bring this to the attention of your supervisor and also send a note to your local Safety Representative/ Federation Representative. This will allow the Safety Representative to monitor the situation and provide the evidence to raise the problem at Area Health and Safety meetings. This will ensure that the problem is addressed by the Local Commander and if it is not, we can address it through a complaint to Employment Tribunal or Health and Safety Executive as outlined above.

FLEXIBLE WORKING

21. What can you tell me about flexible working?
The benefits for the Police Service of flexible working include:
• retention of valuable officers and staff;
• wide diversity of recruits attracted to the Service;
• reduced recruitment and training costs;
• flexible working to meet operational demands;
• reduced sickness absence; and
• improve morale and commitment.

PART TIME WORKING 22. I want to work part-time. Can I choose the hours I work?
Flexible working practices are fundamental to the work of the public sector in the 21st century, and the police service has the opportunity to embrace and take full advantage of the benefits which varied working patterns can bring to the individual and to the organisation .By providing flexible working arrangements, the police service is more likely to retain staff, which in turn cuts the cost of advertising, recruiting, interviewing and training, as well as keep all the experience and skills that only time can build. With this extra adaptability the police service should also be able to manage peaks and troughs in demand more effectively, and provide a better service to the public.

What do I do if I want to work Part Time?
Part time working in basic terms is when an officer requests to work less than full time hours. Police officers who work full time are paid an annual salary for 40 hoursduty per week. Officers who work part time are paid an hourly rate pro rata to the salary they would receive if they were full time. Annual leave is also calculated on a pro rata rate according to length of service and hours worked. The Police Regulations allow for a wide variety of working patterns and flexible approaches to part time working. There is no “menu” of shift patterns, and each application should be treated on an individual basis. All requests for part time working should be negotiated

Like full time officers, part time officers are entitled to a 3 month duty roster. A part time officer’s roster may comprise of duty days, rest days and additionally non working days. (Sometimes referred to as “free days”). Like full time officer’s part time workers may be requested to work overtime, have changes to duty, or work on a rest day. Part time workers may also be requested to work on a non working day, but these occasions should be rare and should only be if the duty is one only that officer can perform (i.e. attendance at Court) or for operational exigencies were all other options have been explored.

Different provisions apply for part time workers for their entitlements, it is therefore important that the individual and their manager when agreeing a duty roster both havea clear understanding of start and finish times of shifts, duty days, rest days and non working days. It may be helpful to keep a copy of your agreed duty roster. Part time agreements should be reviewed annually. This presents opportunities onboth sides to review current arrangements, and explore options, if appropriate, to increase or decrease working time. Part time workers can exercise their right to return to full time work at any time, providing that they make their application in writing at least a month prior to the date.

If you are thinking of applying to work part time it is advisable to speak at the earliest opportunity to your manager. Use this initial stage to gain support from and work with your manager to come to an acceptable negotiated agreement that is workable by you. Don’t be prescriptive. Be prepared to be flexible in negotiations and present solutions to any perceived problems. 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 of Police Regulations 2003 gives details.

ANNUAL LEAVE

23. How much annual leave am I entitled to?
The annual leave entitlements (expressed in 8 hour days) for the federated ranks are found in Regulation 33, Annex O:

Carry over

At the discretion of the chief officer and subject to exigencies of duty members can carry over to the next leave year no more than five additional days of annual leave outstanding from the current year (in exceptional circumstances the chief officer can allow a member 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.

Is a member who is on annual leave who becomes sick entitled to go on sick leave (and reclaim the annual leave)?
The Police Regulations 2003 do not explicitly deal with the interaction of annual leave and sick leave. We consider that a day cannot simultaneously be regarded as both a day of sick leave and a day of annual leave.

As the Regulations are silent as to the manner of notification and rearrangement of annual leave we consider that an officer who has booked a holiday but who is then injured or becomes ill and unable to take the holiday should be able to cancel the annual leave and take it at a later date.

With regard to the position of an officer who becomes ill on holiday, we recommend notification of the position to the force as soon as possible so as to maximise the prospect of being able to reclaim annual leave.

Compensation for annual leave not taken on leaving the service

If, on termination of service, the proportion of annual leave taken by an officer in the last year of service is less than the proportion of the leave year which has passed, he/she is entitled to payment in lieu of the untaken days.

Conversely if, on termination of service, the proportion of annual leave taken by the officer exceeds that proportion of the leave year which has expired, the police authority are entitled to compensation, whether by payment, additional service, or otherwise.

For further details of the calculations involved please see PNB Circular 01/2, Home Office Circular 21/2002 and Annex O to Regulation 33 of Police Regulations 2003.

24. My child's school was unexpectedly closed for the day & he was sent home, I couldn't arrange childcare, do I have to use annual leave or time out of the book to care for them?
A police officer may take time off because of the unexpected disruption or termination of arrangements for the care of a dependant, or to deal with an incident which involves a child of the member and which occurs unexpectedly in a period during which an educational establishment, which the child attends, is responsible for him/her.

Leave taken as time off for dependants shall be treated as duty, but does not apply unless the member tells his/her chief officer the reason for his/her absence as soon as reasonably practicable. Best practice would be to inform a line supervisor of your circumstances ASAP after you become aware of it.

A "dependant" means, in relation to a member of a police force:

• A Spouse
• A Child
• A Parent
• A person who livesn in the same household as the member, otherwise than by reason of being his employee, tenant, lodger or boarder

This also covers when a dependant falls ill, gives birth or is injured or assaulted or in consequence of the death of a dependant.

25. I have had to return from Annual Leave to work, what can I claim?
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).

It also applies to the cancellation of pre-booked, scheduled annual leave where the same criteria are met i.e. absence from duty of 3 or more days of which at least one day is annual leave:

If the period of absence includes rostered rest days, days in lieu of overtime, or public holidays, compensation for working on those days (or time off in lieu) would be as per the relevant regulation.

MATERNITY / PATERNITY / ADOPTION LEAVE

26. What can you tell me about maternity leave?
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, 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. It can also be used to take annual leave during a break in maternity leave, if not all annual leave can be carried over to the next leave year.

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

(a) 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

(b) 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.

Statutory Maternity Leave
Members who have at least 26 weeks’ service by the end of the 15^th week before the expected date of birth are entitled to Statutory Maternity Pay (SMP) for 39 weeks. Please refer to the Federation’s leaflet on Maternity for details.

Maternity Support Leave (which incorporates previous provisions for Paternity Leave)
These provisions are found in Annex S of Police Regulations.

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 birth. The first week of maternity support leave will be on full pay.

Members who have 26 weeks’ continuous service at the 15th week before the expected week of confinement will be entitled to be paid for the second week at statutory paternity pay rate.

27. Do I have to notify the force?

To qualify for antenatal leave you must notify the Force as soon as is reasonably practicable. To qualify for statutory maternity pay you must notify the Force no later than 28 days before you intend to go on maternity leave. At the same time you must also advise the expected date of birth and the date you wish to commence your maternity leave. You can change this date later by bringing it forward or putting it back. It is also important that you tell the Force as early as practicable from a health and safety point of view. You will need to be assessed for any risks that your current work poses for you and/or your baby.

28. If I take unpaid maternity leave what happens about my pension?
You will continue to pay pension contributions during your paid maternity leave, which includes SMP. If you take unpaid leave, you will have to either extend your service or buy back the pension contribution for your unpaid leave if you want to enjoy a full pension. Regulations allow you to re-pay your unpaid pension contributions upon your return provided that you repay the unpaid contributions within 6 months of your return or that you elect to do so and repay unpaid contributions within 6 months of leaving service (unless the Inland Revenue restrictions on pension contributions prevents you from doing so in which case you will be allowed up to 30 months to repay your contributions). For any unpaid leave you wish to buy back, your contribution will be assessed at 11% of the pay you were on immediately before you went onto no pay; for most women this will be SMP at the lower rate .You should contact GMP pensions department if you wish to avail yourself of this facility.

29. What happens if I become sick whilst I am pregnant, but before my maternity leave actually starts?
You are entitled to take sick leave before your maternity leave starts. This will not affect your entitlement to maternity leave unless your sickness is pregnancy related, in which case, your SMP (paid at the higher rate – 90% of your full pay) will automatically start if you are absent through sickness at any stage during the 4 weeks before the EWC. Your maternity leave and police maternity pay will continue to commence on the day you have notified that you wish it to start.

30. What happens if I become sick during my maternity leave?
During maternity leave itself, you are not entitled to take sick leave. You can however give notice that you wish to come back from maternity leave and then immediately commence a period of sick leave. You must give at least 21 days notice of this. This could be of benefit to you if you are on unpaid maternity leave and you are entitled to either full pay or half sick pay.

31. What happens if I am sick because of something that happened as a result of my pregnancy and I cannot return to work?
When you are on maternity leave – either paid or unpaid – you are protected from any less favourable treatment on the grounds of pregnancy. So, if you have an illness as a result of your pregnancy (e.g. post natal depression) you will be protected until you return to work or the last day of your maternity leave period (whichever comes first). If you return to work and then go off sick again, it is likely that you will have lost that protection – even if your absence is pregnancy related. This could have implications for you if you then have to go onto half pay after 6 months and no pay after 12 months.

32. What happens to my annual leave when I am on maternity leave?
Many pregnant or returning mothers like to add periods of annual leave to either end of their maternity leave. You are entitled, with permission, to carry forward 5 annual leave days from one leave year to another. In exceptional circumstances, you can carry forward more at the discretion of the Chief Officer.

Your annual leave accrues whilst you are on maternity leave.

33. I receive rent/housing (replacement) allowance, what will happen to this whilst I am on maternity leave?
You will continue to receive your rent/housing (replacement) allowance whilst you are on paid maternity leave. You will not receive this allowance when you move onto unpaid leave. You retain the right to receive the allowance on your return to work. Whilst you are on unpaid maternity leave, your partner/husband’s entitlement to housing allowance may be affected

The position is as follows

(i) where the partner or husband joined after 1st September 1994, the partner or husband will not receive any rent/housing allowance;

(ii) where the partner or husband is entitled to a flat rate transitional rent or half rate housing allowance, then for the duration of the unpaid maternity leave period, the partner/husband will be entitled to receive, as appropriate, the maximum limit transitional rent allowance they would have received had their partner/wife been on unpaid maternity leave as at 31 March 1990 or the standard rate housing allowance.

34. What happens when I want to return to work?
You must give 21 days notice in writing of your intention to return to work, unless you are returning on the last day of the maternity period. Your force should undertake a risk assessment of the role they are expecting you to undertake when you return in the same way as they were required to undertake a risk assessment when you were pregnant.

35. Are there any special arrangements if I am still breastfeeding when I return to work?
The protections of the Management of Health and Safety at Work Regulations 1999 extend to breast-feeding workers. (Also, the UK Government is a signatory to a declaration that supports breastfeeding and seeks to encourage the development of facilities to allow for breastfeeding or expressing milk.) A risk assessment must be carried out to identify whether there are any particular risks for you as a breast-feeding mother from the workplace or from the role it is proposed that you perform. Before you return to work you should discuss this with your force.

If you wish to continue to breast-feed after you return to work, you should expect to be provided with hygienic, private (i.e. screened and lockable) facilities and appropriate storage facilities for expressed milk.

36. What about parental and adoption leave?

Parental leave
Members who have served continuously for a period of not less than a year; and have, or expect to have, legal parental responsibility for a child are entitled to 13 weeks’ unpaid parental leave in respect of each 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 Regulation 33, Annex S. Generally the leave must be taken before the child’s 5th birthday or the 5th anniversary of the placement, or, for disabled children, before the child’s 18th birthday. 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, irrespective of their length of service.

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 up to 52 week’s Statutory Adoption Leave – the first 39 weeks with Statutory Adoption Pay (SAP), followed by 13 weeks of unpaid Additional Adoption Leave, around
the time of placement of the child. The adoption leave referred to above will be included within this entitlement, at the full rate of pay.

The PNB has agreed (see PNB Circular 06/5 (Advisory)) that officers with 1 year’s continuous service will be entitled to full pay for the first 13 weeks’ adoption leave, followed by up to 26 weeks at Statutory Adoption Pay (SAP), then 13 weeks of unpaid adoption leave. These entitlements include the 1 week’s adoption leave on full pay mentioned above. The PNB Circular also contains details about the timing of adoption leave. The agreement has been approved by the Secretary of State in HOC 01/2007.

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.

INJURY ON DUTY / SICKNESS

37. What about attending court when I am 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. Where the member does so as part of his/her duty as a police officer, this will be duty in the normal way.

38. I have been injured on duty, what should I do?
If you are injured at work then it is essential that you inform your Supervisor and have the details recorded on a RIDDOR form. Do this even if the accident does not at first seem serious. A cut can turn septic; a pain in the stomach could turn out to be a hernia. The local Health and Safety Committee review accidents at work and can take action to make the workplace a safer place. The local Federation Safety Representative can also investigate accidents and make recommendations to Management to improve safety as a result.This dual process ensures that the matter can be looked into and remedial action can take place if necessary to prevent others being injured in the same manner. You have a responsibility to yourself and your colleagues to prevent this.

You should also record the accident with the Department of Work and Pensions for a declaration that you have had an industrial injury.

Journeys to and from work are considered on duty for pension purposes. However, they are not normally counted for industrial injuries. They may be covered if you are travelling in the employer’s time to an irregular workplace so that your journey can be accepted as forming part of your work.

If you are refused Industrial Injuries, or are unhappy with the level of disablement assessment the Federation has trained advisors who can assist and represent you at the Appeals Tribunal Service.

If you believe that someone has caused your accident through negligence and as a result you have received injury then you might have grounds to pursue a civil claim. The Police Federation provides legal representation for you to pursue this action through retained solicitors. This service is also available to your family member and covers you both on and off duty.

If you have been injured as a result of the prevention of crime, or from an assault you should make a claim for Criminal Injuries Compensation. The Federation Office runs these claims and has all the relevant forms. If you are unhappy with the award, or are refused an award, then we may instruct the Federation Solicitors to look at your claim and if appropriate represent you at an appeals tribunal.

The Federation Group Insurance scheme also pays a temporary disablement benefit if you are unable to attend work as a result of an injury on or off duty. This payment is payable after the first 7 days of absence. You should obtain a claim form from the Federation Office.

CONDUCT

40. What is a lawful order?
You can be required to carry out 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 your office as a Constable.

• An order is generally lawful provided that it is for police purposes and would not render you liable to any criminal, civil or disciplinary action. In case of doubt, contact your local federation representative.
• You can be required to perform overtime by an officer of a higher rank.
• Work, which you may not be required to perform.
• It would generally be unlawful to require you to undertake: the regular cleaning or any part of the cleaning of a particular Police Station, and any other work not connected with police duty.

41. What is a Regulation 15 notice and how should I deal with it?
In December 2008 new misconduct procedures were introduced which changed the way in which Police Forces deal with complaints and conduct matters. The main difference being that upon receipt of a complaint an assessment will be made to determine whether the matter should be dealt with as a Misconduct only matter or a Gross Misconduct matter.

The definition of Gross Misconduct is “a breach of the Standards of Professional Behaviour so serious that dismissal would be justified”. If this assessment has been made then the investigation would be carried out by PSD in a similar way to as it is now where the final outcome may result in appearing before a Misconduct Panel and the most severe outcome could be Dismissal from the Force without notice.

If the assessment is one of Misconduct only then the matter will be dealt with by the BCU (Directorate?) concerned where the outcomes range from Managerial Advice to the most serious outcome of a Final Written Warning. The new procedures aim to deal with Misconduct matters quickly and proportionately to allow officers to reflect and learn from any mistakes and move on without the need for lengthy investigations.

The purpose of serving a Regulation 15 notice is to advise the officer, as soon as practicable, that a complaint has been made or a conduct matter has come to light thatwarrants an investigation. The notice is a protection for the officer to allow them to secure any evidence that may assist in their defence and to seek appropriate advice from a Federation Friend or a Solicitor.

It is important that you contact your Federation Representative as soon as possible following the service of a Regulation 15 notice so that the advice can be sought and to ensure that the correct procedures are followed.Under the new procedures officers have 10 working days in which to submit, in writing, a formal response to the allegation contained within the Regulation 15 notice, hence the importance of seeking Federation advice as soon as possible.

Federation Representatives have been trained to deal with Misconduct matters and will advise you throughout the process. Officers are entitled to seek advice from the Federation before making any response to the service of a Regulation 15 notice.

If you are asked for a response it would be advisable to state “I am willing to co operate fully with any investigation but I would like to seek advice before making a formal response”.

In Gross Misconduct matters where a criminal offence has been alleged your Federation Representative will arrange for legal advice/ representation via a Solicitor prior to anysubsequent interview.

Being under investigation can be very stressful and the Federation can provide advice and welfare support throughout the process. Please contact your local Federation Representative or the Federation Office for further advice.

STUDENT OFFICERS

42. I am a student officer and they are talking about extending my probation, what should I do?
Consult your local federation representative without delay. Regulations 12 Police Regulations 2003 says that A member of a police force appointed in the rank of constable shall be on probation for the first 2 years of his service as a constable in that police force following his last appointment thereto or for such longer period as the chief officer determines in the circumstances of a particular case.

43. I am a student officer and have been told a case conference is to be held to look at whether to terminate my probation and career in the police. What should I do?
Consult your local federation representative without delay. Regulation 13 Police Regulations 2003 says that if during the period of probation in the force the services of a constable may be dispensed with at any time if the chief officer considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to become an efficient or well conducted constable. (This decision can only be made by the Chief Constable).A constable whose services are dispensed with under this regulation is entitled to receive a month's notice or a month's pay in lieu thereof.

44. I am a student officer. Am I entitled to take maternity leave and what will happen to my probationary period?
You are entitled to the same maternity leave as any other female officer. You will be entitled to SMP but whether you are entitled to SMP or to police paid maternity leave will depend upon how much service you have when the baby is due. Please also see the general FAQs on maternity provision.

UPP / UAP
45. How do the Unsatisfactory Performance / Attendance procedures work?
The Police Performance Regulations 2008 came into effect on December 1st 2008 setting out the procedures in relation to dealing with unsatisfactory performance and attendance.

Concerns about performance and attendance in the police service should generally be dealt with informally by early intervention and management action. The formal UPPs should only be used if management action has failed or is considered inappropriate.

Police Officers are entitled to be represented by a Federation Friend at each stage of these procedures and if you are unfortunate enough to arrive at a stage three hearing, Police Officers are not entitled to legal representation. (Except for Gross Incompetence)

If you become subject to these procedures it is important to seek Federation advice as soon as possible to ensure you have appropriate representation and advice as the final outcome can be dismissal from the force or reduction in rank at a stage three Hearing.

Federation Representatives are trained to deal with UPP/Attendance matters and may accompany you throughout each stage and make representations on your behalf.

Being subject to these procedures can be very stressful and the Federation can provide advice and guidance as well as welfare support throughout the process.

Please contact your local Federation Representative of the Federation Office for further advice.

DISABILITY

46. I think I am disabled does this give me any protection?
The Disability Discrimination Act (DDA) defines a disability as a physical or mental impairment that has a substantial and long term adverse impact on a person’s ability to carry out normal day to day activities.

According to the Home Office where an officer becomes disabled as a result of an injury or medical condition, the force should:

• seek to determine the officer’s capabilities within their existing role and not assume automatically that the officer needs to be moved from an operational role into an administration role;

• look at possible adjustments to premises, altering hours of work, provision of training, allowing absence for rehabilitation, assessment or treatment, or providing training for colleagues, or otherwise raise their awareness to help deal with the officer’s impairment. This is not an exhaustive list;

• make reasonable adjustments to facilitate retention in their existing post. This should be done in a timely fashion and with the agreement of the disabled officer. Delays in decision making and putting reasonable adjustments in place may lead to unnecessary distress, cost to both parties and legal challenges;

• consider redeployment to another existing role/post only if impairment warrants such a move; and

• look at each case regarding consideration of deployment on an individual basis. For example, if a disabled officer were performing their duties without difficulty and could demonstrate that they were being moved to a new role for a reason related to disability, the decision could be challenged as being discriminatory.

In requiring an officer to take up a new role, the officer’s disability should be of relevance only to the extent to which it impacts upon the officer’s ability to perform relevant activities in their current role and the new role.

DEATH FOLLOWING POLICE CONTACT

47. What is the Federation advice for a death following police contact?
Whenever an incident where a death following police contact occurs or could result, you MUST seek advice immediately from a Federation Representative trained in managing such incidents.

Contact in the first instance should be through the Police Federation office, (01423 866342), or the on call Federation Representative (out of hours contact details are held by the Force Control Room, Professional Standards Department and the Senior Leadership Team).

However if this is not possible then contact should be made with the Federation's retained solicitors, Arenalegal (0845 257 9997). or Russell Jones & Walker (out of office hours emergency contact number 0800 908 977).

INITIAL ACTIONS

If you are involved in any way in an incident, which has resulted or could result in the death of a person you should seek immediate advice from a Federation Representative and/or a Solicitor.

The Investigating Officer and the IPCC will be involved at a very early stage and have a role to perform which does not necessarily include your welfare.

They have to consider whether you are a suspect or a witness but they may ask you to provide an initial account of events at an early stage prior to making this decision in order to commence their investigations.

YOU ARE STRONGLY ADVISED TO SEEK ADVICE FROM THE POLICE FEDERATION OR A SOLICITOR PRIOR TO GIVING AN INITIAL ACCOUNT.

Your Federation Representative will give initial advice and secure you the services of a Solicitor who can advise you further and protect your interests.

For out of hours Federation assistance, contact the Force Control Room who will in turn contact the duty on call Federation representative on your behalf.

INVESTIGATION

You cannot be both a suspect and a witness. If you are being requested to provide your clothing or equipment or being asked for samples then you are clearly being regarded as a suspect and you must ensure that your rights and entitlements under PACE are respected. You may experience some tension and conflict with the Investigating Officers and you must be prepared to stand your ground and seek advice where necessary.

YOU ARE STRONGLY ADVISED TO SEEK ADVICE FROM THE POLICE FEDERATION OR A SOLICITOR PRIOR TO PROVIDING ANY SAMPLES.

You need to be aware that stressful incidents can affect your ability to recall what may be important details. Medical advice suggests that you will be better able to give a full account after a period of at least 24 hours rest. North Yorkshire Police Federation believe that an officer should have a minimum of two normal rest periods before being requested to make a statement.

The investigating officer and the IPCC will want to know what happened and may state that they need some form of account from you in order to properly commence enquiries. This is understandable; however the information they require may be available from another source without you having to give an early first account. Even if you believe you have done nothing wrong, prior to giving an early account be guided by the advice given to you by your Federation Representative and/or Solicitor who are there to represent your interests.

DUTY STATEMENTS

You cannot lawfully be required to provide a duty statement if you are or may be investigated for criminal or misconduct matters.

If you are asked to provide a first account or a duty statement you should make it clear to the Investigating Officer(s) that you intend to reserve your position until you have had the benefit of independent advice from a Federation Representative and/or Solicitor.

Contact in the first instance should be through the Police Federation office, (01423 866342), or the on call Federation Representative (out of hours via Force Control Room), however if this is not possible then contact should be via the Federation's retained solicitors, Arenalegal (0845 257 9997). or Russell Jones & Walker (out of office hours emergency contact number 0800 908 977).

FEDERATION ADVICE ON DEATHS IN POLICE CUSTODY FOLLOWING POLICE CONTACT

An incident involving the death of a member of the public, during or following police contact, will be classed as a Death In Police custody (DIC) in circumstances where;

• there has been a fatal shooting incident involving the police;
• there has been a fatal road traffic incident involving the police;
• a person under arrest dies in, or immediately following, release from police custody;
• a person dies during or following any other type of police contact (eg. Running away from police, suicide at a siege, or where a hostage is killed etc).

If the Service is in any doubt about whether an incident amounts to a death in custody, it is highly likely that it will be dealt with as such, and there will be IPCC involvement, either by way of an Independent or Managed Investigation.

A trained Police Federation misconduct ‘friend’ should be called to such an incident without delay. Joint Branch Boards should ensure that procedures are in place for Police Federation representation to be made available through local procedures and arrangements.

INITIAL ACTIONS

If in any doubt whether an incident is a DIC or whether it may become such, it is advisable to deal with the matter as a CRITICAL INCIDENT in order to safeguard the position of the officers involved.

Identify the principal officers and consider calling out the on call Federation representative – force Control room, C+PS and the SLT all have our call out list. In the event that there is a conflict between principal officers, it will be necessary for there to be more than one friend. This may be advisable if there are a number of officers requiring advice.

Secure the services of a recognised Police Federation solicitor. Contact in the first instance should be through the on call Federation Representative (out of hours via Force Control Room), however if this is not possible then contact should be via the Federation's retained solicitors, Russell Jones & Walker (out of office hours emergency contact number 0800 908 977) or Arenalegal (0845 257 9997).

Senior investigating officers and IPCC officials will be involved and will have a set procedure to follow. This may not prioritise the welfare and rights of the officers. There will always be an investigation following a DIC.

The investigating officers and IPCC officials may regard the individuals concerned as both suspects and witnesses and may attempt to secure accounts and admissions from them at an early stage in order to commence their enquiries.

Identify the Post Incident Manager (PIM) at an early stage; identify a suitable post-incident location; and take the officers there as soon as possible. This will have the effect of minimising the risk of the officers being asked to give an account early in the post incident investigation, and away from colleagues who will naturally be talking about the incident. Any comment at this stage could be extremely damaging to the officers in any subsequent investigation.

Individuals who have been involved in a critical incident may be suffering the effects of perceptual distortion and may react in many different ways. It may be appropriate for there to be a period of rest/recuperation before any subsequent account is given to the investigation. Distress, panic, worry and an inability to recall all of the details in a clear chronological pattern will be predictable emotions.

Consider requesting the attendance of a medical practitioner, not necessarily a Force Medical Examiner (FME) who may not be able to act wholly in the interests of the individual. Reassure the individual that it is not a sign of weakness to feel tearful or emotional, offer them support and be positive.

Consideration could be given for contact to be made with Plowman Craven & Associates (surveyors retained by the PFEW) who specialise in scene reconstruction.

INVESTIGATION

Make contact with the Investigating Officers and outline your role in protecting and advancing the officers’ rights to them.

Remember an individual cannot be both a suspect and a witness. If the investigators are recovering clothing and equipment and asking for samples etc then the individual is clearly being regarded as a suspect.

Ensure that the officers’ rights and entitlements under PACE are rigidly applied. Expect to experience tension and conflict with senior officers and be prepared to stand your ground. If this occurs ensure the attendance of a lawyer without delay.

The officers may be requested to provide various personal samples. Decisions on provision of such samples MUST be made only after obtaining legal advice.

Clothing may be asked for. If it belongs to the Force, let them have it, but ask what the reason is for the request. If the clothing is personal it can only be taken if the officers consent, or it is seized under section 19 of PACE, which would suggest the officer is being treated as a suspect. Ensure the officers dignity is preserved and suitable arrangements are made for replacement garments.

The IPCC and the force may state that they need some form of account in order to properly commence enquiries. This is understandable. However you should consider other ways in which this information may be available without the principal officers actually speaking. In most cases, officers other than the principal officers, will be able to provide the investigating officer with as much information as is needed at the early stages of the investigation.

There may be other sources of information available. For example there may be video evidence; there may be witnesses or CCTV coverage. It is highly likely that sufficient information will be available from these other sources so as to avoid the need to approach the principal officers at this early stage.

In circumstances where it is clear that there is no source of information as to what happened other than from the principal officers, the ‘friend’ can play an important role. After seeking legal advice a very brief summary could be provided to the Investigating Officer through the ‘friend’.

DUTY STATEMENTS

An individual can lawfully be requested to provide a duty statement provided that they are not under investigation for criminal or discipline matters. If the officers are asked to provide such a statement you should ask the Senior Investigating Officer (SIO) to confirm that this is the case.

Any statement made in these circumstances should bear the heading;

“ I have been advised by…………….that I am not under investigation for any matter and I make this statement on this basis and understand it will not be used against me in any way”

This may provide limited protection.

It can be regarded as disobeying a lawful order to fail to provide a duty statement. However, you should stress that the officers will do so after their solicitor has had the opportunity to read it. Nothing in law dictates the length or depth of such a statement and as such it could be very brief.

Stressful incidents will affect the ability of individuals to concentrate and remember things, perceptual distortion is commonplace. Medical advice suggests that an individual should have 24 hours rest before being able to formulate a proper response. North Yorkshire Police Federation believe that an officer should have a minimum of two normal rest periods before being requested to make a statement.

If you have any doubts about the officer’s ability to provide a first account, whether this is in a duty statement or any verbal account, then the opinion of a doctor must be obtained.

AFTERCARE

The officers may feel uncomfortable remaining at work following a critical incident. Arrange for their safe return to their home address following any initial action required at the time of the incident.

DIC incidents inevitably attract a great deal of press attention. The media may publish or broadcast items that can cause a great deal of distress to the officers. Prepare them for this. Take steps to ensure the anonymity of the officers. Encourage them to take sensible steps to avoid members of the press discovering their details. Ask the investigating officer to consult with you before the force makes any media release.

Be prepared to offer help and support for long periods of time and expect individuals to act out of character. Engage Occupational Health and medical experts where possible to provide suitable support.

Please make yourself aware of the below documents: -