Some questions answered.
What has changed with bank holidays?
Following the Winsor Part One report the Home Secretary has determined that Police Officers can now choose alternative dates for the official bank holidays, within that year, with the exception that Christmas day remains as a bank holiday for all Officers. This can provide positive benefits, specifically towards Officers of various faiths who may wish to celebrate other religious days. The amount of bank holidays that can be altered depends on the number of bank holidays within that year.
When must I submit an application by?
Applications are to be submitted via line management by 31st January for bank holidays for the following year.
Can the Force reject my application for alternative dates?
Yes the Chief Constable can reject an application according to exigencies of duties. It is envisaged that abstraction levels will apply.
What is an exigency of duty?
There is no legal definition of what an exigency entails, however the Oxford English dictionary defines an exigency as both foreseen and unforeseen circumstances that would require extra resources, this will include known dates such as Christmas eve, new years eve and events such as “V” festival.
What can I do if my application is rejected?
There is an appeals process via line management. An appeal must be submitted within 7 days of receipt of the original rejection.
What do I get for working a bank holiday?
Any work completed on a bank holiday by an Officer of the rank of Constable or Sergeant, which is not voluntary, is remunerated at double time. It is the choice of the Officer to receive TOIL or payment.
What is a bank holiday worth to me?
Police Regulation 26 annex H states that a bank holiday is worth 8 hours paid leave to an Officer.
I work a VSA of shift length more than 8 hours, why can I not get a full day as bank holiday leave?
With the advent of the DMS system duty time is accurately recorded according to Police Regulations, whereas under the old WebCarm system it was not. WebCarm allowed Officers a benefit above regulations of being able to take a full day as bank holiday leave, however DMS differs and highlights any shortfall above the 8 hours which then has to be repaid by Officers.
How do I repay the shortfall?
By utilising TOIL or working extra hours on other days. These extra hours would be classified as “planned overtime” at a rate of time and a third, you would not lose the first half hour as per casual overtime.
But I have no TOIL in my bank?
You will be allowed to go into a negative TOIL for a period of time agreed with your line management.
Is it fair that as a VSA worker I have to repay time whereas an 8 hour shift worker gets a full day off?
It is fair in that irrespective of shift lengths all Officers get the same amount of time as paid leave for every bank holiday as 8 hours.
If I transfer a bank holiday to another day of longer length will I still have to pay back the time above 8 hours?
Yes.
If I am required to work on a day that I have re-allocated as a bank holiday what do I get remunerated?
No different to any other bank holiday, remuneration at double time for all hours worked.
If I re-allocate to other days what happens to the official bank holidays?
They are treated as a normal working day.
If a bank holiday falls on a rest day what do I get?
An 8 hour RDIL will be credited to your RDIL bank.
I am a Part-Time worker how does this affect me?
Bank holiday hours for a part-time Officer are pro-rata’d according to their part-time working hours.
Dean Colley,
JBB Secretary,
Staffordshire Police Federation.
