Time Off in Lieu (TOIL)
Guidance for staff and managers
Version: V4
Ratified by: People, Culture and Remuneration Committee
Date ratified: 24/05/2022
Job Title of author: HR Business Partner
Reviewed by Committee or Expert Group
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In developing/reviewing these guidelines Provide Community has had regard to the principles of the NHS Constitution
Version Control Sheet
Version
V1 1/3/2016 HR Business Partner Ratified
V2 24/5/22 HR Business Partner Ratified
1. Introduction
The Time Off in Lieu (TOIL) guidance covers all employees, including medical and dental staff, and has been developed in order to balance the needs/responsibilities of the service and to provide employees and managers with clear guidance in relation to TOIL. For staff on Agenda for Change terms and conditions there is specific guidance regarding payment in the section on Remuneration.
For the purposes of this guidance, TOIL is defined as accrued time which employees are allowed to take off for hours that they have previously worked in addition to their weekly contracted hours. Management acknowledges the professional nature of its workforce and as a result, TOIL is not intended to be used as a method to accumulate additional leave or replace effective and flexible departmental working practices.
TOIL should be used as the principle method of addressing unplanned events/emergencies and also the management of any occasional/temporary planned activities which require additional staffing hours.
TOIL can be accrued where staff have worked more than their weekly contracted hours and this is not claimed as overtime or on a zero hours contract.
TOIL can only be accumulated with the prior agreement of the line manager. Failure to secure this agreement, in advance, will result in the additional hours not qualifying for accrual of TOIL. Once the accrual of TOIL has been agreed, the line manager must ensure that it is possible for the additional hours to be worked, that the employee is working in safe conditions and takes the appropriate breaks.
Staff interested in permanent / long term working pattern alterations should consult the Flexible Working Policy for guidance.
The introduction of this guidance will ensure that TOIL is managed effectively, fairly and transparently.
2. Guiding Principles
It is expected that staff are able to complete their job within their contracted hours. However, whilst it is not encouraged, it is recognised that on occasions staff may need to work additional time, thereby accruing TOIL.
It is the line manager’s responsibility to ensure that staff do not regularly exceed their contracted hours. If a member of staff’s time sheet/return indicates to the manager that this might be the case, it is the manager’s responsibility to address the issue with the member of staff in order to at least reduce the amount of additional time being built up.
Staff should recognise their own responsibility in ensuring that the correct procedures are followed with regard to accruing and taking back of TOIL. Staff should always operate in full consideration of the needs of the service and colleagues within their team.
Working additional hours (i.e. accruing TOIL) must always be agreed with the line manager who has responsibility for authorising the attendance recording timesheet/return.
The 1998Working Time Regulations (amendment) 2003 sets out the regulations regarding working hours for staff. Further guidance should be sought from the HR department.
3. Accruing TOIL
TOIL can only be accrued in periods of 30 minutes or more, and only with the express agreement of the line manager or designated others.
TOIL can only be accumulated with the prior agreement of the line manager or designated other. Failure to secure this agreement, in advance, will result in the additional hours not qualifying for accrual of TOIL.
Staff who work autonomously may exceptionally be required to work extra hours to deal with emergency situations, particularly out of hours. In these situations, staff may report to their line manager/designated other as soon as is practically possible regarding the accrual of TOIL. The line manager will need to approve the accrual of TOIL.
Once the accrual of TOIL has been agreed, the line manager must ensure that it is possible for the additional hours to be worked, that the employee is working in safe conditions and takes the appropriate breaks.
Staff should not accrue more than 15 hours in any one calendar month period, except in exceptional circumstances and with the agreement of a Director or Assistant Director. Please refer to the next section - TOIL should be claimed back within 13 rolling weeks (3 calendar months). For the purpose of clarity, this means that no member of staff should accrue/hold more than 45 hours in total at any time.
Where it is identified that staff are regularly accruing TOIL (continuously over a six-month period) a plan should be agreed between the staff member and the line manager to limit further accrual and to take the time back. The line manager should also consider the reorganisation of work duties.
4. Claiming back TOIL
As is the case with any time off, accrued TOIL can only be taken at a time which is agreed by the line manager or designated other and where it does not have an adverse impact on the service. Where a TOIL request has not been approved it is the managers’/employees’ joint responsibility to identify suitable alternative dates when the TOIL can be taken.
Staff should take their time owing back as soon as practicably possible in consultation with the line manager or designated other. Any such time should be taken back within three months of its accrual. This is a rolling 13-week period.
Time owing may be cancelled in exceptional circumstances (24-hour notice), by the line manager/designated other. In such instances the time owing to be taken should be rebooked, or if not possible paid according to section 10.
Managers should carry out a review of TOIL before the end of the financial year (31st March). Any TOIL which was accumulated before the 13-week rolling period should be processed for payment before the end of the financial year. TOIL within the last 13-week period may be ‘carried over’ to the new financial year and claimed back as time owing.
If an employee is leaving the organisation, the manager must ensure they take any TOIL during their notice period. Untaken TOIL will not be paid unless it was accrued more than 13 weeks prior to the last day of employment.
An employee on a secondment or placement with the Provide Group, who has accrued TOIL during their substantive employment, cannot take this TOIL whilst working for Provide. This is a matter for the employee to discuss with their employer, to determine how they can be compensated for it.
5. Medical Appointments
TOIL may be used to attend personal medical appointments. For any such appointments the time to be taken should be cleared with the employee’s line manager/designated other. This is to ensure that cover can be provided, if necessary.
This section of this guidance should be used in conjunction with the Provide Attendance Management Policy and Procedure.
6. Breaks
Provide promotes healthy working and in line with the requirements of the Working Time Regulations 1998, amendment 2003. Details on time taken for a break from work are to be found in the Working Time Regulations and further guidance should be obtained from HR.
7. Public Holidays
Staff required to work or to be on-call on a general public holiday are entitled to equivalent time to be taken off in lieu at plain time rates, in addition to the appropriate payment for the duties undertaken. The appropriate payment for duties is set out in the national terms and conditions of service.
Staff who are required to work more than 60 hours (8x7½ hours) on general public holidays, in their personal leave year, will receive TOIL at plain time rate for all of the hours worked and the appropriate payment for all of the hours worked. The 60-hour threshold will be set on a pro-rata basis for part-time staff. e.g. if staff were required to work 70 hours per year on public holidays they would receive 70 hours TOIL, plus the appropriate payment.
Staff who volunteer to work more than 60 hours in their personal leave year will receive TOIL at plain time rate up to the 60-hour threshold and the appropriate payment for the duties they undertake. For any time worked over the 60-hour threshold they will receive payment only.
8. Employees called into work during an on-call period
Employees who are called into work during a period of on-call will receive payment for the period they are required to attend, including any travel time. Alternatively, staff may choose to take time off in lieu. However, if for operational reasons time off in lieu cannot be taken within three months (12 weeks), the hours worked must be paid for.
For work (including travel time), as a result of being called out, the employee will receive a payment at time and a half, with the exception of work on general public holidays which will be at double time. Time off in lieu should be at plain time. There is no disqualification from this payment for bands 8 and 9, as a result of being called out.
9. Record Keeping
All time owing must be clearly documented at the time on the individual staff member’s Time Owing record sheet (see Appendix 1 & 2), including date, reason and length of time accrued or taken.
Staff are responsible for ensuring that they get all time owing (accumulated and claimed back) authorised and countersigned by their line manager or designated other.
Failure tofollowthe TOILguidance may lead to action under the Provide Disciplinary Policy and Procedure.
10.Time Out for Representation
Where it is necessary for an accredited union representative/work colleague to accrue additional working time due to union/representation duties then, following discussion with the line manager, the additional time will be agreed as TOIL.
11.Remuneration
Any time owing, that is not taken as TOIL, will be paid at plain time rates.
Staff are able to request time off in lieu (TOIL) as an alternative to receiving payment for the hours worked. Time off in lieu of receiving payment for the additional hours worked, will be at plain time rates.
All staff, who, for operational reasons, are unable to take time off in lieu within three calendar months (13 weeks) will be paid at the appropriate rate, in accordance with their terms and conditions of employment.