For payroll queries please contact the payroll administration team at payrollusers@midcounties.coop. Following its accrual, employees should expect to apply to their managers to take TOIL leave in the same way they would to take annual leave, i.e. It is the managers responsibility to monitor the levels of TOIL accrued in their teams and ensure that accumulations are in accordance with this policy. If you do pay them as holiday days, it can either be counted as part of your employees’ statutory annual leave entitlement of 5.6 weeks or be in addition to it. If an employee’s job involves travel during their normal working hours, an employer can choose how much to them for it. Where excessive hours are worked and a manager feels they are entitled to compensatory time off they should discuss this with their line manager and, when agreed, hours can be taken. The TOIL policy should state clearly: The exact circumstances in which TOIL is accrued; Who approves TOIL and when In order to entice employees who might otherwise rather stay at home, an employer may choose to reward employees through a rate of accrual of ‘time and a half’. Where that does not happen, it will automatically be paid to the colleague as overtime. This category only includes cookies that ensures basic functionalities and security features of the website. Therefore, it is safest to assume that regular overtime payments must be used by the employer in the calculation of at least four weeks of an employee’s holiday pay. Overtime will be paid up to the trading groups full time equivalent (FTE) and then the colleague will be paid based on their overtime pay rule (OT0= £0 rate, OT1= basic rate & OT1.5= time and a half rate). We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. This website uses cookies to improve your experience while you navigate through the website. The right to paid holiday is also contained in the WTR. For example, where an employer already enhances salaries to account for the inconvenience of international travel, then a simple one to on swap might be appropriate. It is important to remember that how you choose to allocate TOIL in your organisation depends on what is normally expected of your employees and how far the overtime they have done deviates from their standard working pattern. When does TOIL (when agreed) Accrue from? However, with this flexibility also comes risk, and employers should take proactive measures to ensure clarity of procedure and policy in the availability and use of TOIL. Ordinary hours of duty and overtime Where overtime is worked, colleagues will need to agree with their line manager whether they will be paid overtime or receive time off in lieu. It is an alternative to paid overtime and can be advantageous for both employers and employees as it allows a degree of flexibility in working arrangements. TOIL stands for ‘Time Off In Lieu’. 2.4 TOIL is not a tool to be used to accrue time to enable extra days’ leave to be taken. It refers to time off given to an employee to ‘replace’ any overtime they have already worked. TOIL is lawful provided it has been agreed by the employer and the employee and it does not breach Working Time Regulations. However, a badly managed TOIL policy can also cause problems. Overtime can also be guaranteed by the employer in the contract of employment, or non-guaranteed, but still obligatory. Rather, if an employee works overtime you decide whether to pay them for that, or whether to give them Time Off In Lieu instead. Associated Policies and Procedures The equality impact of this policy has been considered and Dorset Mind believes that it complies with its commitment to equality as stated in its Equality Policy . TOIL may be more appropriate when undertaking a particular project or piece of work which requires additional working hours but which is short term and where there will be an opportunity to take TOIL once it is complete. It is the manager’s responsibility to monitor accrued TOIL, where a colleague reaches this threshold, no further additional hours should be offered and accrued TOIL should be arranged to be taken. Compensatory time off in lieu of overtime pay is in essence the same as TOIL leave. Colleagues:  All colleagues are eligible to accrue TOIL under this policy. This should be stated in the contract of employment and care should be taken to follow the National Minimum Wage legislation. What Reasonable Adjustments Can I Ask For? For this reason, you are more likely to see paid overtime given to staff who are paid on an hourly basis as opposed to those on an annual salary. The Society also stipulates that no colleague should have any more than thirty hours accrued (where contracted for thirty hours + per week) or sixteen hours accrued (where contracted for less than thirty hours per week). On the other hand, requiring, or even just requesting, employees to work overtime or at anti-social hours can put a strain on their family life and mental health. It can be as simple as one hour of overtime gives one hour of TOIL. Managers should refer to the Allocating Overtime to TOIL Userguide for assistance when processing overtime. For example, some contracts will state core working hours, but go on to explain that on occasion these hours may need to be varied or exceeded in accordance with the business needs of the employer.