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What HR Managers need to know about TOIL

Posted by Davenport Solicitors Team on July 27, 2022 in Human Resources

TOIL – Time Off In Lieu – is a term used in the United Kingdom (UK) to describe a type of paid leave that employees can take instead of overtime. The time off in lieu meaning comes from the French phrase ‘in lieu’ which means instead of. While it can be a strange phrase to see at first glance, the toil definition simply refers to when an employer agrees to give employees compensation with time off work, rather than money – e.g. ‘time off in lieu of overtime’. In this post, we look at what HR managers need to know about TOIL.

How does time off in lieu work?

TOIL can be used for holiday days, sick days, or personal days. By offering this as an option, businesses give employees the option of having time off instead of being paid extra for working additional hours.

Employees are usually entitled to a certain number of hours (or days) of time off in lieu of overtime each year, depending on their employer’s policy. The difference between this and annual leave is that annual leave is paid.

As a result, some people see it as a benefit as it allows them to take time off work without using up any of their annual leave. Others see it as a way of getting extra-paid days off each year.

What does time off in lieu mean for employees?

Simply, time off in lieu represents flexibility for employees and is often used to reward them for working overtime. Alongside additional benefits you might offer, it can also help keep morale high as employees know that their hard work is being recognised.

At the same time, employees are able to cover shifts or provide relief for employees who are struggling with workload, so there’s an incentive there. It can be attractive for employees, so if you provide it, it makes good sense to promote your policies and have an evident structure around what you offer, how to secure it, and when to use it.

Creating a time off in lieu policy

Often employers look to create time off in lieu guidelines, and there are some key considerations if you want to create or change a time off in lieu policy. There is no legal requirement for businesses to offer time off in lieu, so it’s down to your own wishes to decide what you offer.

The first is deciding who is eligible to be compensated and this is a company-made decision rather than a legal one. Employees who work overtime are usually eligible, whether full-time, part-time or temporary. However, there may be distinctions in your time off in lieu guidelines between employee types and job roles. For example, managers in senior positions may not be eligible for TOIL, and some functions (such as receptionists) may not have access. Think broadly while you create your guidelines.

The leave earned can be given as one continuous block of time or it can be accrued, but if the employee chooses to take it, they must use it within a certain time frame. In your policy, it’s a good idea to set a date ‒ most businesses choose to have this run through to the end of the financial year or calendar year. 

Final things to consider before you offer time off in lieu 

Now you have the time off in lieu meaning  – should you offer it? We think it’s a great benefit for many employees, however, it’s not something to simply set and forget. If you want to ensure employee welfare and engagement, it’s important to note that a reliance on overtime might reflect the workload of your team or indicate a deeper problem that needs to be solved.  

The UK’s policies and legal considerations are also something to be mindful of. Under the Working Time Regulations, a worker’s working time ‒ including overtime, in any reference period ‒ should not exceed an average of 48 hours for every 7 days, which means it should ideally be seen as an irregular method of rewarding work that is ‘above and beyond’.  

A watchful eye on this area prevents time off from being open to abuse such as team members lagging on projects to clock up over time, or from employees struggling to meet their daily tasks.  

We hope that you have found this blog post on What HR managers need to know about TOIL useful. Should you have any questions about this post, or wish to discuss HR matters with our experts, please do not hesitate to contact a member of our team here.

The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.


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