Issuu

Time Off in Lieu (TOIL)

Policy and Procedure

Version: V3

Ratified by: People & Culture Steering Group

Date ratified: 07/05/2025

Job Title of author: People Partner

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by: Director, People Partnering

1. Introduction

The Time Off in Lieu (TOIL) Policy is applicable all employees with the exception of:

• employees on NHS Pay Band 8a and above

• Senior Management Grades

• medical and dental staff

It has been developed in order to balance the needs/responsibilities of the service and to provide employees and managers with clear guidance in relation to TOIL. For employees on NHS Terms and Conditions there is specific guidance regarding payment in the section on Remuneration.

For the purposes of this guidance, TOIL is defined as accrued time which employees are allowed to take off for hours that they have previously worked in addition to their weekly contracted hours. Management acknowledges the professional nature of its workforce and as a result, TOIL is not intended to be used as a method to accumulate additional leave or replace effective and flexible departmental working practices.

TOIL should be used as the principal method of addressing unplanned events/emergencies and also the management of any occasional/temporary planned activities which require additional staffing hours.

TOIL can be accrued where employees have worked more than their weekly contracted hours, and this is not claimed as overtime.

TOIL can only be accumulated with the prior agreement of the line manager Failure to secure this agreement, in advance, will result in the additional hours not qualifying for accrual of TOIL. Once the accrual of TOIL has been agreed, the line manager must ensure that it is possible for the additional hours to be worked, that the employee is working in safe conditions and takes the appropriate breaks.

Every effort should be taken to use the time as soon as possible after the event, at the discretion of the line manager.

Employees interested in permanent / long-term working pattern alterations should consult the Flexible Working Policy for guidance.

The introduction of this guidance will ensure that TOIL is managed effectively, fairly and transparently.

2. Guiding Principles

It is expected that employees are able to complete their job within their contracted hours. However, whilst it is not encouraged, it is recognised that on occasions, employees may need to work additional time, thereby accruing TOIL.

It is the line manager’s responsibility to ensure employees do not regularly exceed their contracted hours. If an employee’s time sheet/return indicates to the manager that this might be the case, it is the manager’s responsibility to address the issue with the employee in order to at least reduce the amount of additional time being built up.

Employees should recognise their own responsibility in ensuring that the correct procedures are followed with regard to accruing and taking back of TOIL. Employees should always operate in full consideration of the needs of the service and colleagues within their team.

Working additional hours (i.e. accruing TOIL) must always be agreed with the line manager who has responsibility for authorising the attendance recording timesheet/return.

The 1998 Working Time Regulations (amendment) 2003 sets out the regulations regarding working hours for staff. Further guidance should be sought from the People Partner Team.

3. Accruing TOIL

TOIL can only be accrued in periods of 30 minutes or more, and only with the express agreement of the line manager or designated others.

TOIL can only be accumulated with the prior agreement of the line manager or designated other. Failure to secure this agreement, in advance, will result in the additional hours not qualifying for accrual of TOIL.

Employees who work autonomously may exceptionally be required to work extra hours to deal with emergency situations, particularly out of hours. In these situations, employees may report to their line manager/designated other as soon as is practically possible regarding the accrual of TOIL. The line manager will need to approve the accrual of TOIL.

Once the accrual of TOIL has been agreed, the line manager must ensure that it is possible for the additional hours to be worked, that the employee is working in safe conditions and takes the appropriate breaks.

Employees should not accrue more than 15 hours in any one calendar month period, except in exceptional circumstances and with the agreement of a Director of Operations or Group Chief Officer.

Please refer to the next section - TOIL should be claimed back within 13 rolling weeks (3 calendar months). For the purpose of clarity, this means that no employee should accrue/hold more than 45 hours in total at any time.

Where it is identified that an employee is regularly accruing TOIL (continuously over a six-month period) a plan should be agreed between the employee and their line manager to limit further accrual and to take the time back. The line manager should also consider the re-organisation of work duties.

4. Claiming back TOIL

As is the case with any time off, accrued TOIL can only be taken at a time which is agreed by the line manager or designated other and where it does not have an adverse impact on the service. Where a TOIL request has not been approved it is the

managers’/employees’ joint responsibility to identify suitable alternative dates when the TOIL can be taken.

Employees should take their time owing back as soon as practicably possible in consultation with the line manager or designated other. Any such time should be taken back within three months of its accrual. This is a rolling 13-week period.

Time owing may be cancelled in exceptional circumstances (24-hour notice), by the line manager/designated other. In such instances the time owing to be taken should be re-booked, or if not possible paid according to Section 10.

Managers should carry out a review of TOIL before the end of the financial year (31st March). Any TOIL which was accumulated before the 13-week rolling period should be processed for payment before the end of the financial year. TOIL within the last 13week period may be ‘carried over’ to the new financial year and claimed back as time owing.

If an employee is leaving the organisation, the manager must ensure they take any TOIL during their notice period. Untaken TOIL will not be paid unless it was accrued more than 13 weeks prior to the last day of employment.

An employee on a secondment or placement with the Provide Group, who has accrued TOIL during their substantive employment, cannot take this TOIL whilst working for Provide. This is a matter for the employee to discuss with their employer, to determine how they can be compensated for it.

5. Medical Appointments

TOIL may be used to attend personal medical appointments. For any such appointments the time to be taken should be cleared with the employee’s line manager/designated other. This is to ensure that cover can be provided, if necessary.

This section of this guidance should be used in conjunction with the Provide Attendance Management Policy and Procedure.

6. Breaks

Provide promotes healthy working and in line with the requirements of the Working Time Regulations 1998, amendment 2003. Details on time taken for a break from work are to be found in the Working Time Regulations and further guidance should be obtained from the People Partner Team

7. Public Holidays

Employees required to work or to be on-call on a general public holiday are entitled to equivalent time to be taken off in lieu at plain time rates, in addition to the appropriate payment for the duties undertaken. The appropriate payment for duties is set out in the national terms and conditions of service.

Employees who are required to work more than 60 hours (8x7½ hours) on general public holidays, in their personal leave year, will receive TOIL at plain time rate for all of the hours worked and the appropriate payment for all of the hours worked.

The 60-hour threshold will be set on a pro-rata basis for part-time staff. e.g. if staff were required to work 70 hours per year on public holidays, they would receive 70 hours TOIL, plus the appropriate payment.

Employees who volunteer to work more than 60 hours in their personal leave year will receive TOIL at plain time rate up tothe 60-hour threshold and the appropriate payment for the duties they undertake. For any time worked over the 60-hour threshold they will receive payment only.

8. Employees called into work during a formal on-call period

Employees who are called into work during a formal period of on-call will receive payment for the period they are required to attend, including any travel time. Alternatively, employees may choose to take time off in lieu. However, if for operational reasons time off in lieu cannot be taken within three months (12 weeks), the hours worked must be paid for.

For work (including travel time), as a result of being called out, the employee will receive a payment at time and a half, with the exception of work on general public holidays which will be at double time. Time off in lieu should be at plain time. There is no disqualification from this payment for bands 8 and 9, as a result of being called out.

9. Record Keeping

All time owing must be clearly documented at the time on the individual employee’s Time Owing record sheet (see Appendix 1 & 2), including date, reason and length of time accrued or taken.

All employees are responsible for ensuring that they get all time owing (accumulated and claimed back) authorised and countersigned by their line manager or designated other.

Failure to follow the TOIL guidance may lead to action under the Provide Disciplinary Policy and Procedure.

10.Time Out for Representation

Where it is necessary for an accredited union representative/work colleague to accrue additional working time due to union/representation duties then, following discussion with the line manager, the additional time will be agreed as TOIL.

11.Remuneration

Any time owing, that is not taken as TOIL, will be paid at plain time rates.

Employees can request time off in lieu (TOIL) as an alternative to receiving payment for the hours worked. Time off in lieu of receiving payment for the additional hours worked, will be at plain time rates.

All employees, who, for operational reasons, are unable to take time off in lieu within three calendar months (13 weeks) will be paid at the appropriate rate, in accordance with their terms and conditions of employment.

Appendix 1: Time Owing Record

TIME OWING RECORD

NAME:

DEPARTMENT/UNIT:

Examples of Reasons for accruing TOIL:

• Covering vacancy, sickness absence, maternity leave or training.

• Urgent home situation not covered by Special leave; or

• Medical appointment for employee

Appendix 2: Example – Time Owing Record

EXAMPLE - TIME OWING RECORD

NAME: Jane Smith

DEPARTMENT/UNIT: Virtual Frailty Ward

Date Reason for TOIL

01/02/2025 Covering sickness absence in the team

12/02/2025 Vacancies within the team and increased case load

23/02/2025 TOIL taken back to attend dental appointment

Name of authorising line manager

Karen Brown

3 mins Karen Brown

Examples of Reasons for accruing TOIL:

• Covering vacancy, sickness absence, maternity leave or training.

• Urgent home situation not covered by Special leave; or

• Medical appointment for employee

EQUALITY IMPACT ASSESSMENTS: Framework

and outline briefing notes

Attached is a framework, customised to Provide and some short advisory notes on an approach on carrying out Equality Impact Assessments (EIAs) at Provide.

Briefings are being arranged to explore undertaking such assessments in practice, using ‘live’ and relevant case studies.

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

Time Off in Lieu Policy & Procedure

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines the policy and procedure for agreeing/claiming TOIL across the Provide Group

Project/Policy Manager: Director, People Partnering Date: January 2025

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Neutral

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why?

Or is it clear at this stage that it will be equality “neutral”?

Neutral, HR data is not highlighting that more colleagues from minority/underrepresented groups are being disadvantaged by not being able to claim/take TOIL, however we will continue to monitor

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies.

Positive, the policy & procedure enables a consistent approach by managers across the Provide Group. A more detailed assessment is not required, at this time.

Guidelines: Things to consider

• Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

• The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

• Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

• Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

• Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

• It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

• It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.