Home Office circular 010/2012
Amendments to the determinations under the Police Regulations 2003 to implement recommendations from Part 1 of the Winsor Review
Ifeyinwa Okoye 0207 035 1846
Chief constables from England and Wales
Home Office circular 006/12 publicised the Home Secretary’s decision on the findings of the Police Arbitration Tribunal (PAT) and the recommendations of the Police Negotiation Board (PNB) in relation to the Part 1 Report of the Independent Review of Police Officer and Staff Remuneration and Conditions, led by Tom Winsor.
This circular publicises amendments to the Secretary of State’s determinations under the Police Regulations 2003 to implement that decision. The amendments are attached to this circular and cover the recommendations listed below. The effective date of these changes is 1 April 2012 unless otherwise stated.
Recommendation 2 - Introduction of an unsocial hours allowance - amendment to Annex U
Officers from the rank of constable to chief inspector will receive an additional 10 per cent of their basic pay for all hours worked between 8.00pm and 6.00am, including overtime. This payment is not pensionable and should be paid for each full hour actually worked. Where overtime is worked between 8.00pm and 6.00am, the rate of the allowance is still 10 per cent of basic pay, not 10 per cent of the overtime rate. The allowance is paid in full in respect of each full hour worked - the ‘Queen’s half hour’ is not excluded.
Forces may implement this allowance from 1 April 2012 based on actual hours worked as described above or alternatively may, until 1 January 2014, use the interim arrangement set out in the determination for payment at a fixed rate for any month in which any unsocial hours are worked.
In either case, the material factor is whether the officer actually works unsocial hours, and not whether they were rostered to work them. The allowance will not be payable where an officer would have worked unsocial hours but for some intervening circumstance that prevented them from doing so.
Recommendation 5 - Changes to variable shift arrangements - amendment to Annex E
This applies to the federated ranks. The chief officer will consult, rather than agree, with the local joint branch board and individual officers, on bringing into operation variable shift arrangements. The chief officer will take account of the likely effects of the new arrangements on officers’ personal circumstances. The consultation period should last at least 30 days. The new variable shift arrangement should come into force at least 30 days after it is announced.
Recommendation 6 (as modified by the PAT) - Overtime - amendment to Annex G
The premium rate of time and one third for ‘casual overtime’ is retained, with payment of travelling time for recalls between tours of duty. However, the minimum of four hours’ pay for recall between tours of duty is abolished.
Recommendation 7 - Rostered rest days - amendment to Annex H
The rate of pay for working on a rostered rest day is no longer at double time if less than five days’ notice is given. Pay will be at time and a half for working on a rostered rest day with fewer than 15 days’ notice.
Recommendations 11, 12 and 13 (as modified by PAT) - amendment to Annex U
Changes to the arrangements for officers serving away from their normal place of duty (including on ‘mutual aid’ in another force area):
- these changes apply to those officers who are deployed away from their normal place of duty whether in or out of force
- a new ‘Away from home overnight’ allowance of £50 will be introduced and will be payable for every night on which an officer is ‘held in reserve’
- an officer is ‘held in reserve’ if he or she is serving away from his or her normal place of duty and is required to stay in a particular, specified place rather than being allowed to return home. An officer is not ‘held in reserve’ if he or she is serving away from his or her normal place of duty only by reason of being on a training course or carrying out routine enquiries
- payment of a new hardship allowance of £30 per night if ‘proper accommodation’ is not provided to an officer who is ‘held in reserve’
- the definition of ‘proper accommodation’ is a single occupancy room with use of en suite bathroom facilities
The Secretary of State’s approval for the existing mutual aid arrangements set out in PNB circulars 86/15, 88/9 and 95/8 (often known as the ‘Hertfordshire agreement’) is withdrawn. Officers on mutual aid should now be paid in accordance with the determinations for the hours they work, including where applicable overtime and travelling time.
Recommendation 20 (as modified by PAT) - Pay progression - Amendment to Annex F
Two-year suspension of incremental progression for officers below the top of their pay scale from 1 April 2012 to 31 March 2014. However, the first three increments for officers on the constables’ scale will be exempt from this. This means that an officer could progress to point three of the constables’ pay scale during this two-year period but no further.
At the end of the suspension period, further progression will be by moving to the next pay point above the one that the officer was on suspension period. Reckonable service accrued before the commencement of the suspension period will count towards progression afterwards. To take the example of an officer who has completed 6 months’ reckonable service at pay point 5 on 31 March 2012, the officer will move to pay point 6 on completion of a further 6 months’ reckonable service commencing on 1 April 2014.
Recommendation 25 - Chief officers’ bonuses
Two-year suspension of chief officers’ bonuses.
- the bonus scheme for chief officers is not set out in determinations but in Home Office circulars. This circular publicises the Home Secretary’s decision that the scheme should be suspended for 2 years
- this means that the arrangements for the payment of bonuses approved by the Secretary of State in Home Office circular 36/2004 are suspended from 17 April 2012 to 16 April 2014
- however, a full bonus will still be payable if an officer’s PDR reporting year ended before 17 April 2012 and the officer is eligible for one as a result of his or her PDR rating
- officers will also receive a pro-rated bonus if their reporting year ends after 17 April 2012 and as a result of their PDR rating, they would be eligible for a bonus
Recommendation 27 - Bonuses for the superintending ranks - amendment to Annex F
Two-year suspension of superintendents’ and chief superintendents’ bonus scheme.
- bonuses will be suspended for two years from 1 April 2012 to 31 March 2014. However, a full bonus will still be payable if an officer’s PDR reporting year ended before the determinations came into force on 1 April 2012 and the officer is eligible for one as a result of his or her PDR rating
- officers will also receive a pro-rated bonus if their reporting year ends after the determinations come into force in 2012 and as a result of their PDR rating, they would be eligible for a bonus. This will be calculated by multiplying the full bonus by N/12. N is the number of full months in the period beginning with the start of the officer’s reporting year and ending on the date when the determinations come into force.
The competence-related threshold payments scheme should be retained for those officers already in receipt of competence-related threshold payments (CRTP), but there should be a two-year freeze on new applications from 1 April 2012 to 31 March 2014.
- a re-application for CRTP by an officer who was already in receipt of the payment as at 31 March 2012 will not be considered a ‘new application’ and will be considered in accordance with the relevant determinations
- new applications made before 1 April 2012 shall continue to be dealt with in accordance with Part 9 only if the member’s relevant service had entitled him to be at the top of the pay scale for at least one year by 1 April 2012. Where an application was made in advance, but the officer had not accrued the necessary service by 1 April 2012, the force will not consider the application after that date.
Recommendation 31 - Team recognition awards
- chief officers may recognise whole teams with a team recognition award payment of £50 to £100 each for outstandingly demanding, unpleasant or important work, or outstanding work for the public
- since the recommendation applies to police staff as well as police officers, provision is not being made for it in determinations. The power to pay rewards for diligence under section 31 of the Police Act 1996 can be used to make these awards in the case of police officers. This circular publicises the Home Secretary’s approval for the use of those powers to reward police officers in the manner set out in the recommendation
- the power to make bonus payments to police officers under paragraph (8) of Annex U is unaffected, as per Recommendation 30
Recommendation 33 - Abolition of special priority payments - amendment to Annex U
- special priority payments (SPPs) paid on a monthly basis will not be paid once the changes come into force on 1 April 2012
- where a member would, but for the abolition of SPP, have been entitled to receive a lump sum payment in December 2012, the payment will be pro-rated to reflect the officer’s service in the qualifying post from 1 January 2012 until 31 March 2012
Recommendation 37 - Removal expenses - amendment to Annex V
- police authorities are required to pay all reasonable costs arising from the sale and purchase of a chief officer’s house, and should pay all tax liabilities arising from any relocation packages, so that, for the chief officer concerned, there is no personal financial disadvantage
- the provision for reimbursing removal expenses for other ranks remains unchanged.
Recommendation 46 - Motor vehicle allowance - amendment to Annex U
The link between motor vehicle allowance for police officers and that for local authorities is re-established. The new rates, effective from 1 April 2012, are set out in the determination.
Recommendation 48 - Maternity pay - amendment to Annex L
- officers’ maternity entitlement is increased from 13 weeks at full pay to 18 weeks at full pay, with officers having the option, with the agreement of their chief officer, to spread the final five weeks of maternity pay over 10 weeks at reduced rate
- this change has effect for any period or periods of maternity leave for which the expected date of birth is 1 April 2012 or a later date
The following recommendations require amendments to regulations. The process to amend the relevant sections of the Police Regulations 2003 and the Police Pensions Regulations 1987 and 2006 is being taken forward. Further details of the implementation date for these will be provided in due course.
Recommendation 8 - Changes to public holiday arrangements
Officers will be able to nominate days, in addition to 25 December, to treat as public holidays.
- officers must nominate their chosen seven days before 31 January for the next financial year. This means that officers must notify before 31 January 2013 their seven days in time for their nominations to apply for the financial year starting April 2013
The replacement allowance is retained. However, there will be no increase in the amount received following a change in personal circumstances such as promotion. The existing framework where the amount an officer receives is reduced when he or she lives with another officer also receiving the allowance will be retained.
The Police Pension regulations should be amended to allow chief officers to make a choice in relation to the time at which their pension benefits crystallise.
The criteria for the use of powers in Regulation A19 should be amended, with service-critical skills and performance being explicit considerations.
As quickly as possible, police forces should be provided with the ability to offer voluntary exit terms to police officers, substantially on the terms contained in the Civil Service Compensation Scheme 2010.
Officers who have been working on a part-time basis and wish to return to working full-time will now, on giving written notice of their return to work full-time, be appointed by the Police Authority within two months if there is a suitable vacancy. In any case, the officer will be appointed to a full-time post within four months of the written notice being received.