Definition
Paid time off given to employees in exchange for extra hours or days they have worked beyond their normal contracted hours. Instead of receiving overtime pay, the employee takes equivalent time off at a later date.
UK Context
There is no UK statutory right to TOIL; it is a contractual arrangement. If offered, TOIL policies must comply with the Working Time Regulations 1998, ensuring employees do not exceed the 48-hour average working week and receive adequate rest periods.
Best Practices
- Have a clear TOIL policy specifying how hours are accrued, approved, and when they must be taken
- Track TOIL balances accurately to avoid disputes and ensure hours do not accumulate excessively
- Set a reasonable deadline for using accrued TOIL to prevent operational disruption
Frequently Asked Questions
Is TOIL a legal right?
No, there is no statutory right to TOIL in the UK. It is an arrangement agreed between employer and employee, either through the employment contract, a policy, or on an ad-hoc basis. If offered, it should be applied consistently.
How is TOIL different from overtime pay?
With overtime pay, the employee receives additional wages for extra hours worked. With TOIL, the employee receives equivalent time off instead of extra pay. The choice between the two should be clearly set out in the contract or policy.