Allard & Ors v Devon & Cornwall Constabulary [2015] EWCA Civ 42 (03 February 2015)

Allard & Ors v Devon & Cornwall Constabulary [2015] EWCA Civ 42 (03 February 2015)

Police handlers required by standing orders to respond to CHIS calls outside normal tours of duty are 'recalled to duty' for purposes of overtime under regulation 25(1) and Annex G. The minimum 4-hour overtime provision in paragraph 1(h)(iii) applies to such recalls, and the disregards for short periods in paragraphs 1(d) and 1(g) do not reduce this entitlement.

Citation
[2015] EWCA Civ 42
Parties
Claimant/respondent: Clive Allard; Claimant/respondent: Stuart Vincent; Claimant/respondent: Norman Craig Buckley; Defendant/appellant: The Chief Constable of Devon & Cornwall Constabulary
Jurisdiction
England and Wales
Judgment Date
03 February 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Chief Constable's appeal dismissed; claimants' cross-appeal allowed.
Legal Topics
Overtime Compensation, Police Regulations, Recall to Duty, Statutory Interpretation
Employment Law Police Law Administrative Law Overtime Compensation Police Regulations Recall to Duty Statutory Interpretation

Case Brief

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Parties

Clive Allard

Claimant/respondent

Stuart Vincent

Claimant/respondent

Norman Craig Buckley

Claimant/respondent

The Chief Constable of Devon & Cornwall Constabulary

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether police handlers responding to CHIS calls outside normal hours are 'recalled to duty' under Police Regulations 2003 for overtime entitlement
  2. 2 Whether computation provisions in Annex G, paragraphs 1(d), 1(g), and 1(h) apply to such overtime claims

Ratio Decidendi

Police handlers required by standing orders to respond to CHIS calls outside normal tours of duty are 'recalled to duty' for purposes of overtime under regulation 25(1) and Annex G. The minimum 4-hour overtime provision in paragraph 1(h)(iii) applies to such recalls, and the disregards for short periods in paragraphs 1(d) and 1(g) do not reduce this entitlement.

Court Disposition

Chief Constable's appeal dismissed; claimants' cross-appeal allowed.

Orders

  • Claimants entitled to minimum 4 hours' overtime per recall to duty between tours under Annex G, paragraph 1(h)(iii), without reduction by computation provisions in paragraphs 1(d) and 1(g).