Regulations 24 and 26, Annex H – this determination sets out the provisions for compensating officers who are required to work on a public holiday. There were no changes to the compensation arrangements in respect of public holidays arising out of the Winsor review. However, Annex H was amended with effect from 1 April 2012 so that officers should not be given less than 15 days’ notice of a requirement to do duty on a public holiday without the authorisation of an officer above the rank of chief superintendent.
The new arrangements
With effect from 22 November 2012, Annex E is amended so that constables and sergeants can propose substituting a day, which is not a public holiday as defined in regulation 3(1), for any day which is a public holiday with the exception of Christmas Day.
(Note – The number of days in any year that can be substituted will depend on how many public holidays, as defined in Regulations 3(1), that there are in a year.)
As with other types of leave, the substitution is subject to the approval of the chief officer. The determination is, however, written on the basis that the substitution will be approved unless there is an exigency of duty. If the substitution is approved, that day then becomes the public holiday and if the officer is required to work it they will be treated as per Annex H.
If an officer chooses not to propose a substitution in any year the original public holidays will stand. It is also our understanding that if the substitution is not approved the original public holiday will stand unless the officer then proposes a different date and that is approved.
Constables and sergeants who wish to propose a substitution must do so not less than two months before the first day of the leave year containing the public holiday which is to be substituted. In the case of a leave year commencing before 1 April 2013, notice of the proposed substitution should be given not later than 31 January 2013.
How to propose a substitution
Each chief officer must prescribe:
- How the notice of a proposed substitution should be made;
- The time within which an officer will be notified of the chief officer’s decision on the proposed substitution; and
- The arrangements for proposing a different date, if the officer wishes to do so, where exigencies of duty prevent a chief officer approving a proposed substitution
Transfers between force
In the event that a proposed substitution has been approved and the officer later transfers to another police force, the substitution will continue to have effect in the new force, subject to the exigencies of duty.
You will all now be aware that recommendation 8 of the First Winsor Report was made subject of Determination 024/12 on 27th November 2012. This Determination changes Police Regulations to state that “a member of the rank of constable or sergeant may, with the approval of the chief officer, substitute a day which is not a public holiday within the meaning of regulation 3(1) of the Police Regulations 2003 for any day which is such a public holiday, with the exception of Christmas Day.” Full details of this are on the Winsor website, click here – http://fhqweb002/support-services/business-services/human-resources-hr/winsor-report.aspx
This e-mail is to advise you that the process to enable this change to regulations is being produced whereby it will be an electronic method and it will be circulated in the next two weeks in advance of the application date of 28th February.
In preparation you should now start considering firstly if you wish to take up this opportunity and secondly what changes you wish to request. To assist with your decision making I have sought to address some issues which you may have in the table below;
|I must apply for seven days in addition to Christmas day.||No. Constables and Sergeants MAY apply to change the days classed as Public Holidays. It is the individuals choice to apply or not. If you do not wish to nominate then the statutory public holidays will apply to you.|
|I must apply for all seven days.||NO. Constables and Sergeants MAY apply for anything from one to seven days. The exact number applied for is their choice.|
|I must apply for any changes two months before the start of the leave year.||YES. You cannot apply after this date. Applications are considered with regards to abstraction levels and must be planned as are Public Holidays.|
|If I change my Public Holidays and work the statutory Public Holidays I will receive Double Time as normal.||NO. If you nominate alternative Public Holidays and then work on the Public Holidays which you have changed you will work for straight time. If it is a rest day then it will be treated as such and the new nominated day protected as if it were a statutory public holiday.|
|My requests will automatically be approved||NO. All applications will be assessed against abstraction levels known at two months before the start of the leave year. If there is a problem you will be consulted with.|