Time off in Lieu (TOIL) allows organisations some flexibility and may be an incentive to offer employees for working on a particular event or project.   However, employers need to manage the offer carefully, so that you don’t end up paying double for staffing resources to cover TOIL and to avoid trouble further down the line.

TOIL is an alternative to payment for staff who have worked above their contracted hours.  It requires forward planning and strong administrative systems.

  • It is important that a documented agreement or policy is in place. It cannot be assumed by an employee that TOIL will be provided for working extra hours, it must be pre-approved by the relevant manager in each case.
  • It is also important that records are maintained by the employee for any extra hours worked and reviewed regularly by management to ensure that time off can be accommodated within the leave year. An employer may not be able to accommodate leave easily during certain periods or at short notice and so the agreement should consider how this is managed.
  • Also consider how to avoid an accrual of TOIL to a level that is not sustainable and ends up being a burden on the organisation. You may find that you are paying for additional staff to cover TOIL which is not an effective use of resources.
  • Employers must keep in mind that an employee should not be working more than an average of 48 hours per week over a seventeen week period in line with the working time directive unless the employee has chosen to sign an opt out agreement

If you need any guidance why not speak to our sister company FusionHR about offering a TOIL agreement or policy, please get in touch with one of the team on 01924 827869.

Leave a Reply