TOIL Policy

September 2020

School Staff were consulted on this document and it was accepted by the Resources committee on :
It was ratified by the Governing Body on :

TABLE OF CONTENTS

Appendix 1 – Time off in Lieu (TOIL) Record

1 SCOPE

2 Introduction

3 Statement of Intent

4 Definitions

5 Duties

5.1 Shenfield High School

5.2 LINE MANAGERS/SENIOR MANAGERS

5.3 STAFF WHO ARE AUTHORISED TO WORK ADDITIONAL HOURS

6 Procedure 5

6.1 GENERAL PRINCIPLES

6.2 WORKING HOURS

6.3 ACCRUAL OF TOIL

6.4 RECORDING ADDITIONAL HOURS

6.5 TAKING OF TIME OWING

6.6 THE TOIL ACCOUNTING PERIOD

7 Training

8 Monitoring compliance with this Document

1 SCOPE

This policy applies to all staff employed by Shenfield High School with the exception of Leadership and Senior Staff who are not entitled to time off in lieu payments. Some staff may be excluded by the nature of their workload, or variations agreed for operational purposes. This document does not form part of your contract of employment and may be changed from time to time in line with current best practice, statutory requirements and to ensure the school’s needs are met.

2 INTRODUCTION

The success of the Shenfield High School is based on the skills, energies and commitment of its employees. Shenfield High School recognises that staff may now and again be asked to work additional hours above their normal contracted hours in order to meet the needs of the service. Without this goodwill and adaptability it would be impossible to be the best we can be. However, Shenfield High School also recognises its duty to protect the health and safety of its staff by ensuring that they do not work too many hours and that they are recompensed by taking time off in lieu (TOIL) for extra time that they are requested to work.

3 STATEMENT OF INTENT

This policy seeks to set out both a definition of the TOIL system and guidance on its implementation and administration.

4 DEFINITIONS

Time off in Lieu (TOIL) – Lieu time is time off which employees are authorised to take in lieu of (i.e. instead of) overtime pay for time worked in addition to contracted hours by agreement with their line manager. TOIL is an exceptional rather than a routine occurrence. TOIL should not result in changes to normal working arrangements.

5 DUTIES

5.1

Shenfield High School will

Give their commitment to fair and equitable treatment of all members of staff who agree to work additional hours when needed irrespective of age, gender, marital status, disability, race, colour, national/ethnic origins, religion or sexual orientation.

Ensure compliance with employment legislation.

5.2

Line Managers/Senior Managers will:

Ensure the policy is applied consistently and fairly.

Managers will co-ordinate the use of TOIL within their team to ensure that there is adequate cover for all functions of their service provision and that the system is not being misused.

Ensure that staff have adequate rest breaks in line with health and safety legislation.

Managers should ensure that employees are given reasonable opportunity to take any accrued TOIL within the approved period.

Managers should ensure that TOIL is not used as an alternative to flexible working but used occasionally to deal with fluctuations in workload.

Managers must keep a proper account of additional hours worked using the prescribed template (appendix 1).

5.3

Staff who are authorised to work additional hours will:

Understand the TOIL policy and follow the correct procedure if they work additional hours.

6 PROCEDURE

6.1 General Principles

TOIL has a number of benefits for Shenfield High School; specifically it can be used to assist with activities that occur outside of the normal school hours and by providing cover for unforeseen school needs.

This policy addresses the informal daily working arrangements of staff in terms of Time off in Lieu (TOIL) rather than long term alterations to work patterns. Staff interested in permanent / long term working pattern alterations should consult the Flexible Working Policy for guidance.

Managers need to be reasonable in their expectations of staff and wherever possible, an agreement must be reached before time owing is accrued.

If a situation arises in which members of staff are continuously accruing time owing, the pattern of working within the team should be reviewed by the manager to determine whether there is an alternative method of delivering the service.

6.2 Working Hours

The Working Time Regulations 1998 state that staff must not work in excess of 13 hours per day (including rest breaks) and that staff should not work in excess of an average of 48 hours per week unless they have agreed with their line manager and signed an opt out agreement to the Working Time Regulations.

6.3 Accrual of TOIL

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.

Working additional hours (i.e. accruing TOIL) should always be agreed in advance with the line manager, who has responsibility for authorising the Time off in Lieu Record (appendix 1). Taking time off in lieu should also be agreed with your manager.

There are examples where time owing should not be accrued. These guidelines do not seek to be exhaustive however lieu time should not be accrued:

Where an employee chooses not to take a rest break

As a result of poor time management

As a means of accruing extra leave

6.4 Recording Additional Hours

When a member of staff undertakes duties outside of their contracted hours, a record must be kept and authorised by the employee’s manager on a Time off in Lieu Record (appendix 1). This must be held securely within the department. The record should be reviewed by the employee and the manager at the end of each month and signed to confirm that it is an accurate reflection of additional hours worked and taken off work during the month.

Additional hours should be recorded in no less than 30 minute blocks. The reason for any additional hours should be clearly stated.

6.5 Taking of Time Owing

Taking back any time worked in lieu must be agreed by the manager according to the School’s needs and should be recorded on a TOIL Record (appendix 1). TOIL will be taken in the same amounts as it was accrued. E.g. there will be no time and half, double time elements and so on.

Where managers do not approve the requested TOIL, suitable alternatives dates (earlier or later) should be identified and suggested.

Managers must not approve requests which will require a member of casual staff or agency worker to cover a shift or where overtime will be required to provide cover.

An employee may not take time off in lieu in advance of accruing the time and on the basis that they are due to work extra time in the future, unless there are exceptional circumstances and the employee’s line manager has authorised this.

6.6 The TOIL Accounting Period

In managing their service, managers should encourage and enable employees who have accrued lieu time to take the time back as quickly as possible and within one calendar month where possible.

Where it is not possible for the time to be taken back within one calendar month, managers should work with their staff to plan when the lieu time can be take within 3 months of its accrual.

Lieu time may not be carried over from one post to another. All lieu time must be taken prior to internal transfer or upon leaving Shenfield High School’s employment. Employees will not be paid in lieu of accrued TOIL which has not been taken by the final day of employment. Any such accrued TOIL will be lost.

7 TRAINING

There are no formal training needs identified from this policy, however, managers and staff can seek advice from Human Resources as and when required.

8 MONITORING COMPLIANCE WITH THIS DOCUMENT

The table below outlines Shenfield High School’s monitoring arrangements for this policy/document. Shenfield High School reserves the right to commission additional work or change the monitoring arrangements to meet organisational needs.

Will be monitored and reviewed by Human Resources quarterly.

APPENDIX 1 – TIME OFF IN LIEU (TOIL) RECORD

Name: _________________________________

Job Title: ________________________

Department : _________________________

Month: _________________________________

TOIL ACCUMULATED	TOIL TAKEN
Date and Times to/from	Additional Hours Worked	Authorised by Line Manager (Signature required in advance*)	Reason	Date and Times to/from	No. of Hours taken	Authorised by Line Manager (Signature required in advance*)
*Authorisation may be by telephone or e-mail but should be backed up by a signature at a later date. NB Minimum recordable time is 30 minutes.

Employee Signature: _________________________________ Date: ________________

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E.Browning

2020-06-26

K.Whordley