Guidelines on Time Off in Lieu (TOIL)

Time off In Lieu (TOIL) is time off which staff are allowed to take for hours worked beyond the normal working day.  TOIL applies to additional periods of work either before or after the normal working day.  It does not apply to lunch periods. Managers should ensure that staff get the appropriate lunch break each day, to ensure compliance with Working Time Regulations.

1.    TOIL for Staff in Grades 1 - 6

For those staff who could be paid overtime (i.e. grades 1 – 6), TOIL may be granted as an alternative to overtime pay.  It is at the manager’s discretion which form of compensation to offer.

2.    TOIL for Staff in Grades 7 and Above

For staff who would not normally be paid overtime (i.e. grades 7 and above), there is an expectation that they will work the hours necessary to carry out their normal duties.  TOIL should not, therefore, be used where occasional additional hours are required to compensate for normal fluctuations in workload.   Neither should it be seen as an alternative to a flexitime system.  It should be used only where there is a foreseeable need to maintain levels of customer service which alternative working arrangements, such as revising annual leave requests or using temporary staff could not cover.

3.    Principles governing the use of TOIL

  • Working additional hours is voluntary
  • The additional hours are sporadic or required for a limited period of time only – if it is for a period longer than a month then the manager should review the overall staffing needs for the department to ensure working practices are effective.
  • That staff receive appropriate breaks during additional work in order to comply with the Health and Safety procedures set in place.
  • TOIL may only be accumulated within a plan agreed with the line manager. Any additional hours worked must be agreed in advance.  If this agreement is not in place, then the additional hours will not qualify for the accrual of TOIL and will be lost.
  • When an employee identifies additional hours which might justify TOIL, he/she should raise this with his/her Line Manager in advance of the requirement to work them.  TOIL will normally only be granted if agreed in advance with the relevant manager.
  • Time off accumulated through TOIL arrangements must be equal to time actually worked.  I.e. where TOIL is offered in place of overtime pay, the enhancements which relate to pay do not relate to TOIL.
  • TOIL should be taken as soon as practicably possible after it has been accrued.  If this is not possible it must be taken within 6 months of accrual.
  • TOIL accrued and not redeemed as outlined will be considered lost and no monetary compensation will be offered.  TOIL not taken within 6 months of accrual will be lost.
  • Managers should ensure that employees are given reasonable opportunities to take any accrued TOIL within the approved period.
  • Managers must keep a proper account of additional hours worked.
  • The operation of TOIL depends on mutual trust.  Any suspected abuse of TOIL will be treated as a disciplinary matter.