Allard & Ors v Devon & Cornwall Constabulary

Allard & Ors v Devon & Cornwall Constabulary

Police handlers required to respond to CHIS calls outside normal tours of duty are recalled to duty within the meaning of regulation 25(1) and are entitled to a minimum of 4 hours' overtime under Annex G paragraph 1(h)(iii), not subject to the disregards for short periods of overtime in paragraphs 1(d) and 1(g).

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 / Judgment on Appeal From Central London County Court
Outcome
Chief Constable's appeal dismissed; claimants' cross-appeal allowed.
Legal Topics
Overtime Pay, Police Regulations, Recall to Duty, Statutory Interpretation
Employment Law Police Law Overtime Pay 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 / 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
  2. 2 Whether minimum 4-hour overtime entitlement applies to such recalls or is subject to disregards for short periods of overtime

Ratio Decidendi

Police handlers required to respond to CHIS calls outside normal tours of duty are recalled to duty within the meaning of regulation 25(1) and are entitled to a minimum of 4 hours' overtime under Annex G paragraph 1(h)(iii), not subject to the disregards for short periods of overtime in paragraphs 1(d) and 1(g).

Court Disposition

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

Orders

  • Overtime for recall to duty between tours of duty to be paid with a minimum of 4 hours per occasion, not reduced by 30 minutes under paragraph 1(d).