DPF Briefing

July 2001

Overtime Regulations

Recent press reports indicated that Police Officers were entitled to claim back for uncompensated overtime amounting to hundreds of thousands of ‘lost’ half hours. This was based on legal advice that officers could claim the first 30 minutes of casual overtime as time off in lieu.

It seems that the PFEW obtained this advice last year and circulated it to local Joint Branch Boards. The advice centres around Regulation 28, introduced in 1994, which states an officer cannot claim the first 30 minutes of casual overtime, did not apply if the officer took that time off in lieu. Subsequently ACPO accepted this advice. It is important to note however that no judicial decision has been made in connection with this matter; nevertheless individual JBB’s have been in discussion with their Forces. The result so far is patchy with some Forces agreeing to backdate claims to last year if officers can prove they are owed time, while others are waiting to see what develops nationally.

MDP conditions of service in respect of casual overtime working mirror HDP. It is worth noting however that the casual overtime provisions are unlikely to apply in cases where 12 hour VSA working applies. Clearly in circumstances where casual overtime does apply and the first 30 minutes have not been paid, it is possible that a claim can be pursued. Officers who believe they have such a claim should forward details to their Regional Secretary in the first instance.

In the meantime further clarification has been sought from the PFEW on this matter.