Time off in lieu (TOIL) is widely used across UK workplaces as a flexible way to manage operational peaks, reduce overtime expenditure and provide workers with additional rest time when business needs allow. When applied correctly, TOIL can support employee wellbeing, maintain productivity and give employers a lawful mechanism for managing fluctuating workloads. When mismanaged, however, TOIL becomes a significant compliance risk, exposing employers to breaches of UK employment law, unlawful deduction of wages claims, grievances about fairness and concerns about the proper monitoring of working hours and pay.
This article provides a comprehensive examination of TOIL from an HR and employer perspective. Because TOIL is not a statutory right, it operates entirely through employment contracts, workplace agreements and policy documents. Employers therefore need to ensure their TOIL arrangements are clearly defined in writing, consistently applied across the workforce and compatible with the Working Time Regulations 1998 (WTR), the Employment Rights Act 1996 (ERA) and National Minimum Wage (NMW) legislation. TOIL cannot lawfully be used to reduce or replace statutory annual leave, nor can it replace statutory daily and weekly rest entitlements under the WTR.
What this article is about:
This guide explains how TOIL works in UK employment law, the obligations employers must observe, and the practical systems HR teams should implement to ensure compliance. It covers authorising extra hours, calculating TOIL, managing requests, applying limits and expiry rules, handling TOIL for part-time and irregular-hours staff, monitoring NMW compliance and navigating the complexities that arise when employment ends. It also highlights the legal risks associated with unclear TOIL terms, inconsistent administration and failing to provide workers with a genuine opportunity to use accrued TOIL. The objective is to equip employers and HR professionals with the clarity required to run a fair, transparent and legally compliant TOIL system.
Section A: Legal Framework for Time Off in Lieu (TOIL)
TOIL operates exclusively as a contractual arrangement because UK employment law does not provide a statutory entitlement to take time off instead of receiving overtime pay. This means that employers must use well-drafted contractual terms and workplace policies to determine when TOIL is available, how it accrues and how it can be taken. Without robust written provisions, TOIL practices can easily become inconsistent or open to dispute, particularly where employees believe they are owed pay for additional hours that were worked but not compensated.
All TOIL schemes must operate alongside statutory protections. TOIL cannot reduce or replace minimum paid annual leave, daily rest periods, weekly rest entitlements or the limits on average weekly working hours under the Working Time Regulations. The employer must also ensure that TOIL administration does not result in pay falling below the National Minimum Wage for the relevant pay reference period. Where TOIL arrangements become established through long-standing, consistent use, they may form part of an implied contractual term by custom and practice, meaning employers must be cautious about informal or undocumented approaches.
1. TOIL and UK Employment Law
TOIL is not recognised as a statutory entitlement under the Employment Rights Act 1996 or the Working Time Regulations 1998. Employees may only accrue TOIL where their employment contract or workplace policy explicitly provides for it. In the absence of such provisions, employees are normally entitled to be paid for authorised overtime at the rate specified in their contract.
Where a TOIL scheme is available, employers must still comply fully with the Working Time Regulations. This includes ensuring:
- additional hours worked count toward the 48-hour average weekly limit (unless a voluntary opt-out is in place)
- daily rest periods (11 consecutive hours) are provided
- weekly rest periods (24 or 48 hours, depending on the working pattern) are maintained
- rest breaks during the working day are observed
- statutory paid annual leave remains separate and intact
TOIL does not count as statutory holiday and cannot be classified as such. Any hours worked to earn TOIL are considered “working time” for WTR purposes, and employers must keep adequate records to demonstrate compliance. TOIL arrangements must never result in pay dropping below the National Minimum Wage when averaged across the relevant pay reference period.
2. Contractual Terms and Workplace Policies
Clear written terms are essential for any TOIL system. A well-drafted TOIL clause or policy sets expectations, protects the organisation from disputes and ensures consistent application by managers. Without clear documentation, TOIL schemes are vulnerable to challenge, especially if employees feel they are being denied pay or treated inconsistently. Poor documentation may also lead a tribunal to find an implied contractual right through custom and practice if the organisation has historically allowed TOIL in a consistent and predictable manner.
A comprehensive TOIL clause or policy should specify:
- when TOIL may be offered in place of overtime pay
- the accrual rate (commonly hour-for-hour unless enhanced terms apply)
- the authorisation process for additional hours
- how TOIL is recorded and approved
- how long TOIL can be carried before expiry
- whether unused TOIL may be forfeited or carried forward
- how TOIL balances are handled when employment ends
These provisions safeguard the employer from claims of unlawful deduction from wages, especially when disputed TOIL relates to hours already worked. A discretionary or undocumented approach significantly increases the risk of grievances and legal challenges.
3. When TOIL Is Appropriate
TOIL is most effective in workplaces with fluctuating workloads or where employers wish to discourage regular paid overtime. It enables organisations to address temporary increases in demand while giving employees additional rest time during quieter periods.
TOIL should only be used where:
- the additional hours were expressly authorised before being worked
- the employee has agreed to receive TOIL instead of payment
- the arrangement does not cause a breach of working time limits
- the employee can realistically take the TOIL within a fair timeframe
- the employer maintains oversight of NMW risks for all staff types, including zero-hours and irregular-hours workers
Employers cannot impose TOIL unilaterally unless the employee’s contract already provides for this. Similarly, employees cannot insist on TOIL where their contract entitles them to paid overtime. HR teams must ensure managers understand the contractual position to maintain legal compliance and fairness.
Section Summary:
TOIL is a contractual benefit that requires careful drafting, clear communication and consistent implementation. Employers must define how TOIL is earned, used and recorded, and ensure the scheme aligns with the Working Time Regulations and National Minimum Wage legislation. When supported by strong contractual foundations and proper monitoring, TOIL provides a lawful and flexible way to manage additional working hours while protecting both organisational needs and worker rights.
Section B: Managing and Recording Time Off in Lieu (TOIL)
Effective administration of TOIL relies on accurate authorisation processes, transparent calculation methods and reliable recordkeeping. Poorly managed TOIL exposes employers to legal and operational risks, including unlawful deduction of wages claims, inconsistency across teams, breaches of the Working Time Regulations (WTR) and difficulties demonstrating compliance if challenged by a tribunal or regulator. HR teams must therefore ensure that TOIL systems reflect the organisation’s contractual framework, support fair treatment and provide sufficient oversight of working hours, rest entitlements and minimum wage compliance.
Employers also have a duty under the WTR to maintain adequate records of working time, including overtime that contributes to TOIL accrual. These records are essential for demonstrating compliance with weekly working limits, night work thresholds and required rest breaks. As TOIL is directly linked to additional hours worked, recordkeeping is a critical element of lawful administration.
1. Authorising Extra Hours
All TOIL arrangements should begin with clear and explicit authorisation of additional hours before they are worked. Allowing employees to accrue TOIL informally or retrospectively increases the likelihood of disputes about entitlement and exposes the employer to wage liabilities that may not have been anticipated. Employers should stipulate who is permitted to approve overtime, the criteria for approval and the operational circumstances in which TOIL is appropriate.
Clear authorisation rules protect employers from accidental wage liabilities. If managers allow staff to work additional hours without proper approval, the organisation may still be legally required to pay for the time worked, even if TOIL cannot be granted because policy requirements were not met.
Unauthorised overtime presents a particular challenge. Even where employees work additional hours without express permission, employers may still have to pay for those hours if they knew, or reasonably should have known, that the work was being carried out. This aligns with case law establishing that employers cannot avoid wage liability simply by failing to monitor working patterns. However, this does not oblige employers to grant TOIL for unauthorised overtime unless this aligns with their policy.
HR teams should ensure that employees understand the authorisation process and that managers enforce it consistently. Failure to do so can result in grievances, allegations of unfair treatment and potential unlawful deduction of wages claims if workers believe they have earned TOIL that is later denied.
2. Calculating TOIL Accurately
Once overtime has been authorised and completed, employers must calculate TOIL in accordance with the organisation’s documented policy. Most TOIL schemes use a time-for-time model, but some roles, particularly those involving unsocial hours or high-intensity operational demands, may use enhanced accrual arrangements. Any variation from the standard model must be expressly stated in contractual terms or policy documents to avoid ambiguity.
Accurate calculation requires attention to several factors, including:
- rounding arrangements for partial hours
- treatment of split shifts or irregular patterns
- whether paid breaks count toward TOIL accrual
- the inclusion or exclusion of travel time, depending on the role and contractual terms
Errors in TOIL calculation frequently give rise to payroll disputes and can lead to claims under the Employment Rights Act 1996 for unpaid wages. HR teams should regularly review TOIL calculations to ensure consistency and fairness, particularly where different managers or departments handle authorisation and recording. Additionally, employers must ensure that TOIL administration does not result in an employee’s average pay falling below the National Minimum Wage in the applicable pay reference period. This risk is particularly relevant for part-time, zero-hours and irregular-hours workers.
HR should periodically audit TOIL calculations and compare them against payroll data to identify discrepancies early. Even minor errors can accumulate over time, creating significant liability if challenged by an employee or discovered during an inspection.
3. Recordkeeping and Audit Trails
Reliable recordkeeping is essential for lawful TOIL administration. Employers should adopt a system—whether manual, digital or HRIS-based—that clearly documents:
- who authorised the overtime
- the date and hours worked
- the amount of TOIL accrued
- when TOIL is taken
- whether TOIL expired, lapsed or was paid at termination
Accurate records assist in resolving disputes, monitoring fairness across the workforce and demonstrating compliance with the Working Time Regulations and National Minimum Wage legislation. These records also support workforce planning by showing patterns of overtime demand and identifying areas where staffing levels may need adjustment.
Employers must also retain working time records for a minimum of two years, in line with the Working Time Regulations. This includes evidence of hours worked to earn TOIL, any opt-out agreements relating to the 48-hour working week and records of rest breaks where relevant. Comprehensive documentation not only protects employers in the event of a tribunal claim but also reinforces a culture of transparency and accountability across teams.
Section Summary:
TOIL administration must be supported by clear authorisation procedures, accurate calculation methods and robust recordkeeping. Employers who allow informal or inconsistent practices expose themselves to pay disputes, compliance failures and unnecessary legal risk. With appropriate oversight, HR teams can ensure that TOIL is accrued fairly, managed transparently and aligned with statutory requirements for working time and minimum wage compliance.
Section C: Taking Time Off in Lieu (TOIL) and Setting Limits
Once TOIL has been accrued, employers must manage its use in a way that supports operational needs while ensuring fairness, transparency and legal compliance. Without clear rules governing when TOIL can be taken, how requests should be made and the limits on carry-over or expiry, TOIL balances can grow uncontrollably and become difficult to administer. Employers must also ensure that TOIL arrangements operate alongside, and never in place of, statutory entitlements under the Working Time Regulations (WTR), including paid annual leave and minimum daily and weekly rest periods.
Managing TOIL effectively requires a structured request process, reasonable consideration of employee needs and proactive monitoring of outstanding balances. Employers who fail to do this risk disputes, accusations of unfair treatment and potential breaches of minimum rest periods if staff rely excessively on TOIL instead of statutory breaks. HR teams play a central role in ensuring that TOIL is used in a way that supports wellbeing, prevents excessive working hours and maintains compliance across the workforce.
1. Requesting and Approving TOIL
A clear, documented process for requesting TOIL is essential for smooth administration. Employees should normally submit TOIL requests in advance, except in exceptional circumstances, and managers should respond within a reasonable timeframe. Approval decisions must balance the employee’s preference for taking time off with the organisation’s operational requirements, including staffing levels, workload forecasting and service delivery commitments.
Employers may refuse a TOIL request on reasonable business grounds, but refusals must be applied consistently and documented where appropriate. Patterns of approval or refusal should be monitored by HR to ensure decisions are fair, non-discriminatory and aligned with policy.
Managers must avoid inconsistent or arbitrary decisions, which can undermine the credibility of the TOIL scheme and lead to grievances or claims of unfair treatment. HR oversight ensures that TOIL is managed consistently across departments and that any emerging issues—such as repeated refusals, excessive backlogs or patterns affecting certain groups of employees—are addressed promptly.
2. Expiry Rules, Backlogs and Capping TOIL
TOIL schemes operate most effectively when clear expiry or capping rules prevent the uncontrolled accumulation of TOIL balances. Without limits, employees may build up substantial TOIL entitlement that becomes difficult for the organisation to accommodate, exposing the employer to financial and operational risk.
Common approaches include:
- requiring TOIL to be taken within a defined number of weeks or months
- specifying that unused TOIL will be forfeited after the expiry date
- placing a cap on the maximum TOIL balance an employee may hold
- allowing limited carry-over into the next leave cycle
Whatever approach an employer adopts must be clearly set out in policy and consistently implemented. Employees must be given a genuine opportunity to take TOIL before it expires. An employer who sets an expiry date but routinely refuses TOIL requests may face challenge, as forfeiture may be interpreted as an attempt to avoid wage liability for hours already worked. This risk is especially acute where no consistent opportunity was offered for employees to use the accrued time.
To mitigate this risk, HR teams should monitor TOIL balances regularly and alert managers when employees are approaching expiry thresholds. Providing adequate notice and ensuring managers are aware of upcoming deadlines supports both compliance and employee confidence in the TOIL system.
Employers should never allow TOIL to expire without first ensuring that employees had a real, practical opportunity to use it. Failure to do so increases the likelihood of disputes and potential unlawful deduction of wages claims.
3. Managing TOIL During Busy Periods
Organisations with seasonal, cyclical or project-driven workloads often face challenges in enabling employees to use TOIL during peak periods. While TOIL is designed to offer flexibility, its effectiveness depends on the organisation’s ability to provide employees with reasonable opportunities to take time off.
HR teams should anticipate peak demand and plan accordingly by:
- encouraging TOIL use during quieter periods
- monitoring team-level TOIL balances well in advance of peak workload cycles
- ensuring managers do not rely excessively on overtime without allowing corresponding TOIL to be taken
- reinforcing WTR requirements on maximum working time and required rest periods
Employers must also ensure that TOIL does not mask unsafe or excessive working hours. Employees taking TOIL must still receive the statutory minimum rest required between shifts and within each working week. A well-managed TOIL system supports health and safety by preventing excessive accumulation of overtime and ensuring workers have adequate recovery time after periods of high workload.
Section Summary:
TOIL must be managed through a fair and structured process supported by clear rules on requesting, approving and taking accrued time. Employers should establish reasonable expiry or capping rules to prevent excessive backlogs and ensure employees are given meaningful opportunities to use TOIL within policy limits. HR oversight is essential to ensuring compliance with working time laws, safeguarding wellbeing and managing operational pressures effectively.
Section D: Time Off in Lieu (TOIL) and Pay Issues
Because TOIL directly interacts with pay, contractual rights and minimum wage obligations, employers must understand the legal constraints governing how TOIL affects remuneration. Mismanaging TOIL can lead to costly disputes, unlawful deduction from wages claims, inconsistent treatment across teams and challenges at the point of termination. Ensuring statutory compliance, transparency and fairness is central to avoiding these risks.
Employers must also remember that TOIL does not alter their obligations to maintain statutory minimum pay levels. Any arrangement that results in a worker’s average pay falling below the National Minimum Wage (NMW) across the relevant pay reference period will be unlawful, even if the worker appears to have voluntarily chosen TOIL instead of overtime pay. For part-time and irregular-hours workers, these risks can be amplified due to fluctuating working patterns.
1. When TOIL Must Be Paid
Although TOIL is designed to provide time off instead of payment for additional hours, there are circumstances where employers must pay accrued TOIL rather than allowing it to be taken as leave. The most common scenario is termination of employment. Where an employee leaves with a positive TOIL balance, the employer must follow the contractual or policy rules that govern how TOIL is treated on departure.
If the employment contract or TOIL policy states that outstanding TOIL will be paid upon termination, the employer must ensure the relevant payment is made in the employee’s final wages. Where the policy is silent or unclear, employers face a heightened risk of an unlawful deduction from wages claim if they refuse payment for TOIL that the employee earned but did not have a reasonable opportunity to use.
Under the Employment Rights Act 1996, withholding payment for accrued TOIL—where the employee had no genuine chance to take the time—may constitute an unlawful deduction from wages. Employers should therefore ensure that TOIL policies clearly address how balances are handled at termination and that managers provide staff with realistic opportunities to use TOIL during employment.
Employers should also consider payment where operational constraints repeatedly prevent employees from taking TOIL within the defined timeframe. Allowing TOIL to expire under these circumstances increases the likelihood that a tribunal would view forfeiture as unlawful, particularly if the employer benefited from the additional hours worked without providing corresponding time off or pay.
2. TOIL for Part-Time, Zero-Hours and Shift Workers
TOIL administration must properly account for staff working on part-time, zero-hours or irregular shift contracts. Part-time employees should accrue TOIL in proportion to their contracted hours, and policies must apply consistently to avoid indirect discrimination claims under the Equality Act 2010. For workers with varied shift lengths or irregular schedules, TOIL calculations must accurately reflect the actual hours worked and any applicable enhancements.
Differences in hourly pay rates, unsocial hours premiums or weekend working allowances may also affect TOIL administration. Employers should ensure policy documents clearly define how TOIL accrues and how it is applied to workers with non-standard patterns. Without clear rules, disputes may arise about fairness, proportionality or the correct rate of TOIL accrual.
HR teams must be particularly vigilant to ensure that TOIL arrangements do not inadvertently reduce a worker’s average hourly pay below the NMW, especially where total paid hours vary significantly from week to week. Even a well-intentioned TOIL scheme can produce unlawful outcomes if employers fail to assess the full pay reference period when evaluating compliance.
Part-time and zero-hours staff are often at higher risk of NMW breaches when taking TOIL, as reduced paid hours can distort average earnings. Employers should monitor pay reference periods closely and adjust their TOIL policies where necessary to maintain compliance.
3. Disputes, Unlawful Deduction Risks and Enforcement
The most common legal risks associated with TOIL involve disputes over entitlement, calculation or payment. Under the Employment Rights Act 1996, an employee may bring an unlawful deduction from wages claim if they believe they have not been paid wages they are contractually or legally entitled to receive. TOIL disputes frequently arise where:
- extra hours were worked but not clearly authorised
- the employee believes they accrued TOIL that the employer later denies
- the employer refuses TOIL payment without a contractual basis
- expiry rules are applied inconsistently or without offering a meaningful opportunity to take the time
Employers can reduce risk by maintaining transparent TOIL records, communicating policy rules clearly and ensuring consistency across teams. HR should intervene early when disputes arise to prevent escalation into formal grievances or tribunal claims. Tribunals will examine not only the written TOIL policy but also the employer’s actual practices, including whether workers were given reasonable opportunities to use TOIL, whether recordkeeping was sufficient and whether any decisions were applied fairly.
Where TOIL terms have become established through custom and practice—such as longstanding informal arrangements applied consistently across teams—tribunals may consider these arrangements to form part of the contract. Employers must therefore avoid allowing informal TOIL practices to develop without proper documentation, as this can create binding obligations that were never formally agreed.
Section Summary:
TOIL arrangements must align with statutory wage protections, contractual rights and fair treatment principles. Employers may be required to pay TOIL in certain situations, particularly at termination or where employees have not had a real chance to use accrued time. HR teams must closely monitor TOIL across all worker types to ensure compliance with the National Minimum Wage and to prevent disputes arising from inconsistent or unclear administration. Clear policies, fair practices and strong recordkeeping provide the best defence against TOIL-related legal challenges.
Frequently Asked Questions (FAQs)
Is TOIL a legal requirement?
No. Time off in lieu (TOIL) is not a statutory entitlement under UK employment law. It exists only where an employment contract, collective agreement or workplace policy expressly provides for it. Without such provisions, employees are generally entitled to be paid for authorised overtime in line with their contractual terms.
Can an employer insist on TOIL instead of paying overtime?
An employer can require TOIL instead of payment only if the contract or policy makes this clear. If no such term exists, employees normally retain the right to receive pay for overtime worked. Any TOIL arrangement must still ensure that the employee’s average pay does not fall below the National Minimum Wage (NMW) during the relevant pay reference period.
How long can TOIL be carried over?
This depends entirely on the employer’s policy. Many organisations specify a timeframe for using TOIL—such as within a particular number of weeks or months—and may allow limited carry-over or impose caps on accumulation. However, employers must provide employees with a genuine opportunity to take accrued TOIL before any expiry rule is enforced, otherwise disputes or unlawful deduction claims may arise.
Does TOIL count as working time?
The additional hours worked to earn TOIL count as “working time” under the Working Time Regulations (WTR). TOIL itself does not reduce or replace statutory paid annual leave or minimum rest entitlements. Employers must continue to provide statutory daily rest, weekly rest and paid annual leave in full.
What happens to TOIL when employment ends?
Where an employee leaves with an accrued TOIL balance, employers must follow the terms of the contract or policy. If TOIL payment is required at termination, the amount must be included in the final wages. If the policy is silent, and the employee did not have a realistic opportunity to take the TOIL, withholding payment may constitute an unlawful deduction from wages under the Employment Rights Act 1996.
Can zero-hours or irregular-hours staff accrue TOIL?
Yes, provided the employer’s policy allows it. TOIL must be calculated consistently across all worker types and reflect the actual hours worked. Employers must be particularly careful to ensure that TOIL does not reduce average hourly pay below the NMW, which can be more difficult to assess for workers with fluctuating paid hours.
Can an employer refuse a TOIL request?
Yes—employers can refuse TOIL requests on reasonable business grounds, provided the decision is applied fairly and consistently. Refusals should not prevent employees from using TOIL altogether, especially where expiry dates or caps apply. HR oversight helps ensure that refusals do not lead to discriminatory patterns or undermine the credibility of the TOIL scheme.
Does TOIL accrue during sickness or maternity leave?
TOIL accrues only when additional authorised hours are actually worked. TOIL does not continue to accrue during sickness absence, maternity leave or other statutory leave unless the employer’s policy explicitly states otherwise. TOIL should not be treated as equivalent to holiday pay or statutory leave entitlements.
Can TOIL be used immediately after working overtime?
Not necessarily. TOIL must be taken in accordance with the employer’s policy and operational requirements. Employers must ensure that TOIL arrangements comply with minimum rest requirements under the WTR, including 11 hours’ daily rest and weekly rest entitlements. TOIL cannot be used to circumvent fatigue management obligations.
Does TOIL replace statutory annual leave?
No. TOIL is entirely separate from statutory holiday entitlements. Employers cannot use TOIL to reduce or substitute the minimum 5.6 weeks’ annual leave required under the WTR, and employees must still be allowed to take their statutory leave in full each leave year.
Conclusion
Time off in lieu (TOIL) can be an effective and flexible tool for managing additional working hours, provided it is underpinned by clear contractual terms and consistently applied HR practices. Employers who establish transparent rules—covering how TOIL is earned, authorised, recorded and taken—are better positioned to support employee wellbeing, maintain operational resilience and reduce the legal risks associated with overtime management.
The success of any TOIL scheme depends on proactive oversight. HR teams must monitor TOIL accruals across departments, ensure employees have real opportunities to use their TOIL within policy limits, and intervene when patterns of excessive overtime or repeated refusals emerge. Employers must also maintain accurate records to demonstrate compliance with the Working Time Regulations and the National Minimum Wage, particularly for workers whose paid hours fluctuate from week to week.
Where TOIL is mishandled—whether through inconsistent application, unclear terms or insufficient monitoring—employers are exposed to significant risks. These include unlawful deduction from wages claims, grievances relating to fairness or discrimination, breaches of statutory rest requirements and disputes at the point of termination. A well-designed and carefully managed TOIL framework mitigates these risks by embedding fairness, transparency and legal compliance at every stage.
By combining robust contractual foundations with practical, consistent administration, organisations can use TOIL to balance business pressures and employee needs while remaining fully compliant with UK employment law. Done well, TOIL strengthens workforce engagement, supports flexibility and provides a lawful mechanism for responding to fluctuating operational demands without compromising statutory protections.
Glossary
| Term | Definition |
|---|---|
| Accrual | The process by which a worker earns TOIL based on authorised additional hours worked beyond contractual requirements. |
| Audit trail | A documented record showing when overtime was authorised, how many hours were worked, the TOIL accrued, and when that TOIL was taken, expired or paid. |
| Contractual overtime | Overtime required or expected under an employment contract, which may attract pay or TOIL depending on the contractual terms and workplace policy. |
| Custom and practice | A pattern of consistent and longstanding employer behaviour that may create implied contractual rights, including rights relating to TOIL, even if not formally documented. |
| National Minimum Wage (NMW) | The statutory minimum hourly rate of pay that workers must receive on average over the relevant pay reference period. TOIL must not reduce average pay below NMW levels. |
| Pay reference period | The period—typically weekly or monthly—over which an employer assesses whether a worker’s average pay meets NMW legal requirements. |
| Statutory leave | The minimum paid annual leave entitlement under the Working Time Regulations, which cannot be replaced or reduced by TOIL. |
| Time off in lieu (TOIL) | Time away from work granted instead of payment for authorised additional hours worked. TOIL is contractual, not statutory. |
| Unlawful deduction from wages | A claim brought where an employer fails to pay wages that an employee is contractually or legally entitled to receive, including payment for accrued TOIL where applicable. |
| Working time | Any period during which a worker is carrying out duties for their employer. Hours worked to accrue TOIL count as working time under the Working Time Regulations. |
Useful Links
| Resource | Link |
|---|---|
| DavidsonMorris: Time Off in Lieu Guide | https://www.davidsonmorris.com/time-off-in-lieu/ |
| GOV.UK: Working Time Regulations Guidance | https://www.gov.uk/maximum-weekly-working-hours |
| GOV.UK: Overtime and Working Hours | https://www.gov.uk/overtime-your-rights |
| GOV.UK: Rest Breaks at Work | https://www.gov.uk/rest-breaks-work |
| ACAS: Working Hours and Overtime | https://www.acas.org.uk/working-hours |
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
