Time Off In Lieu (TOIL) Policy - PDF document

Time Off In Lieu (TOIL) Policy Contents 1.Policy Statement ....................................................................................... 12.Scope ....................................................................................................... 23.What is Time off in Lieu (TOIL)? ............................................................... 24.Who is entitled to TOIL? ........................................................................... 25.Employees responsibilities ....................................................................... 26.Authorisation ............................................................................................. 37.Recording Sheets ..................................................................................... 38.Accounting Period ..................................................................................... 39.Carry Over of TOIL Hours ......................................................................... 310.Policy monitoring ................................................................................... 1. Policy Statement 1.1. It is generally accepted that a number of employees will be required to work in excess of their normal working hours, and, therefore, will require some form of recompense. 1.2. This may be due to regular additional hours where overtime is not paid, evening meetings, weekend work or an occasional, unplanned yet urgent need to extend the working day. 1.3. Although the Council does operate a flexitime system not all employees will be able to benefit from this scheme. It is anticipated that where an employee works under the principles of the Council’s flexitime system this will be the mechanism by which additional hours worked will be managed. Please see the Flexitime Scheme Policy for more details on the operation of the flexitime system. 1.4. Unless overtime is agreed in advance, normally where the additional work falls outside the flexi-time scheme, recompense will take the form of Time off in Lieu (TOIL). 2. Scope 2.1. This policy applies to all employees, except those based in Educational establishments with delegated powers. 3. What is Time off in Lieu (TOIL)? 3.1. Time off in Lieu (TOIL) is defined as time taken off to compensate for planned (or occasionally unplanned) time worked in addition to contracted hours and those accrued under the Flexitime scheme. However, an employee (paid up to spinal column point 35) may elect to take TOIL in place of any overtime payment. If an employee so elects, TOIL will be allowed at plain time. 3.2. TOIL will only be given as a ‘flat’ rate i.e. if 4 additional hours are worked only 4 hours may be taken. 3.3. An employee cannot claim TOIL and overtime for the same period of time. 3.4. Budgetary restrictions in a particular workplace should not dictate that only TOIL can be taken. 4. Who is entitled to TOIL? 4.1. An employee will be entitled to claim TOIL where they: are on scale point 36 and above as they are not eligible to claim overtime and have worked additional hours which fall outside normal patterns of work or the ‘flexi time’ scheme i.e. after 6.30pm and before 7.30am or on a weekend. 4.2. Standard working hours for employees on the flexi-time scheme will be between 7.30 a.m. and 6.30 p.m. and for those not on the scheme their contractual hours will apply. 4.3. Generally only those employees on scp 36 or above who work outside their standard working hours are eligible to operate the TOIL scheme. 5. Employees responsibilities 5.1. The TOIL scheme is based on trust and each eligible employee has a personal responsibility to ensure that times worked are accurately recorded and verified by the line manager. 5.2. Any employee found to be abusing the TOIL scheme will be subject to the Council’s Disciplinary Policy. This applies to both the employee making the claim and the manager verifying the claim. 6. Authorisation 6.1. No employee can choose their own times for working additional hours. 6.2. All additional time worked for TOIL must have prior authorisation, in normal circumstance, by the appropriately identified Line Manager 6.3. When approving TOIL, line managers should also agree when the time is to be taken within the parameters of section 8. 6.4. Managers must be aware of the provisions contained in the Working Time Regulations 1998 and consult the “ Working Time Policy” for further information. 7. Recording Sheets 7.1. Each officer approved to work TOIL must record the times worked and the hours accrued on the TOIL record sheet. 7.2. As stated previously all hours worked towards TOIL must be authorised in advance by the Line Manager on the TOIL record sheet. 7.3. Each sheet will be also be checked and signed by the Line Manager at the end of the accounting period. 8. Accounting Period 8.1. The TOIL system will operate in line with the flexi settlement periods which are weeks in length. 8.2. All TOIL should be taken as soon as possible, but in any case within the settlement period in which it was worked. In exceptional circumstances this time period may be extended with the agreement of Heads of Service and Human Resources. 9. Carry Over of TOIL Hours 9.1. If TOIL is not taken during the accounting period it will be lost. The employee and the manager may in exceptional circumstances agree that the TOIL credit hours can be carried from one accounting period to the next. 9.2. In such circumstances, and with the approval of the Line Manager, a maximum of 20 hours TOIL may be carried to the next accounting period. 9.3. Any TOIL credit hours greater than 20 will not be carried over and will be regarded as lost. No form of compensation will be given for this loss. 9.4. Where service needs dictate that TOIL cannot be taken in the relevant accounting period (or following accounting period) then consideration can be given to whether the accrued time can be paid. 9.5. Accrued TOIL will not be paid where an employee leaves the Council, unless exceptional circumstances exist and the relevant manager has not permitted the employee to take the time. 10. Policy monitoring 10.1. The Council will monitor the application of this policy and has discretion to review it at any time through the appropriate consultation mechanisms. 10.2. Responsibility for the implementation, monitoring and development of this policy lies with the Head of Human Resources. Day to day operation of the policy is the responsibility of nominated officers who will ensure that this policy is adhered to. Version Number Details of Change Date 1.1 Introduction of Single Status SCP updated in section 3.1 st April 2014