TOIL (time off in lieu)
TOIL is agreed time away from work in return for extra hours worked, instead of additional pay.
How TOIL works
TOIL, short for time off in lieu, lets someone take time back after working agreed extra hours. There is no single statutory TOIL scheme in Great Britain. The arrangement comes from the employment contract, workplace policy or a specific agreement between employer and employee.
A clear policy says which extra hours qualify, who must approve them and how the hours convert into leave. It should also explain when TOIL can be taken, whether balances expire and what happens to unused time when someone leaves.
Keep the balance clear
Record the approved extra hours and the time taken against them. The employee and their manager should be able to see the same balance. Decide how partial hours, cancelled leave and a change in working pattern will be handled before they cause a disagreement.
TOIL should not become an informal bank of hours that nobody reviews. Large balances can point to a workload problem, and it may become difficult for the person to take the time back.
TOIL does not replace other protections
An agreement to take TOIL does not remove the employer's responsibilities around rest breaks, maximum weekly working time or minimum wage. Check the effect of the extra hours on pay in the relevant pay reference period, particularly for lower-paid workers.
Where the contract promises overtime pay, an employer should not replace it with TOIL without agreement. Acas guidance on extra hours is a useful starting point when deciding how they should be handled.
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