Structural
Shift Patterns
A technical guide to long-term shift pattern changes, Annex V Variable Shift Arrangements, and the consultation rights of UK police officers.
Notice: Independent explanatory guidance based on Police Regulations 2003. Not legal advice.
Executive Summary
Forces can change long-term shift patterns, but they must follow a structured process involving consultation and notice.
- Roster: Must be published one month ahead.
- Consultation: Meaningful JBB involvement expected.
- Annex V: Governs Variable Shift Arrangements.
- Reason: Operational justification required.
The Direct Answer
Yes. A Chief Officer can change shift patterns.
But permanent structural changes require:
- Consultation via the Joint Branch Board (JBB)
- Appropriate Notice (typically around 3 months)
- Operational Justification demonstrating necessity
Regulation 22 (Roster Rules)
Regulation 22 is the primary statutory instrument governing duty rosters for police officers in England and Wales. It demands predictability in service conditions.
Core Requirement:
Rosters must be published at least one month before the period they cover. This ensure officers can plan their lives, finances, and rest outside of work.
Constant re-writing of rosters or relying on short-notice changes to avoid publishing a proper pattern undermines the legal protection provided by Regulation 22.
Annex V (Variable Shifts)
Annex V of the Police Regulations 2003 governs Variable Shift Arrangements (VSA). These are patterns that differ from the standard 8-hour shift structure.
Agreement Rules
Flexible rosters and VSAs usually require consultation and agreement with the Joint Branch Board (JBB).
Meaningful Consultation
Consultation must be meaningful, not symbolic. The force must genuinely consider the Federation's feedback.
What Is a Structural Change?
A structural shift change is a long-term, permanent, or force-wide alteration to how duty is performed. It is fundamentally different from a single day's short-notice change.
The “3-Month” Expectation
While Regulation 22 specifies 1-month roster publication, national guidance and professional standards generally expect 3 months notice for major structural pattern changes.
Why Notice Matters:
- Childcare and family planning
- Financial and mortgage commitments
- Wellbeing and mental health adjustment
The Consultation Process
Before any major shift pattern change is implemented, forces are expected to undergo a formal process:
- 1 Issuing Proposal: Formal document outlining the new pattern.
- 2 Providing Rationale: Clear operational evidence for the change.
- 3 JBB Consultation: Meeting with the Federation to discuss impact.
- 4 Risk Assessments: Health, safety, and equality assessments.
Can Forces Impose Patterns?
Yes, ultimately.
Chief Officers have the power to impose a pattern, even if the Federation disagrees, IF they can prove operational necessity and demonstrate they have followed a reasonable process. Imposition without consultation or evidence risks legal challenge.
When It Becomes Unlawful
Procedural Failure
No consultation or ignoring Regulation 22 roster requirements.
Disproportionate Impact
Equality Act breaches or ignoring documented fatigue/medical risks.
Health and Wellbeing Impact
Structural shift change profoundly affects circadian rhythms and mental health. This is a primary driver of sickness and early service burnout.
Practical Examples
New VSA
Force-wide VSA introduced after 6 months of consultation. Lawful.
Sudden Team Move
Team moved permanently with zero notice. Potentially improper exercise of power.
No JBB Trial
Pattern trialled for 4 months without JBB consultation. Weak legal process.
Common Questions
Does Regulation 22 require 3 months notice for a shift pattern change?
Regulation 22 doesn't explicitly fix a 3-month notice period, but national best practice and guidance expect around 3 months for significant structural changes to allow officers to adjust childcare, finances, and wellbeing.
Can I refuse a new police shift pattern?
There is no automatic right to refuse a new pattern, as police are subject to Chief Officer direction. However, officers can raise individual welfare, health, or Equality Act (e.g., childcare) issues which the force must consider.
Can the police scrap my flexible working agreement during a pattern change?
Existing flexible working agreements (FWAs) should only be removed following a proper review and individual consultation. The force must justify why the new pattern makes the existing FWA untenable.
Is consultation with the Police Federation (JBB) legally binding?
Consultation must be genuine and meaningful, but the outcome is not necessarily officer-controlled. While the force must listen and respond to concerns, they ultimately have the power to impose a pattern if justified.