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Time Off in Lieu Policy

A completed TOIL policy covering approval, recording, expiry, working-time and pay safeguards.

Jurisdiction: England and Wales - completed fictional worked example

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An editable Microsoft Word version is available from the interactive page.

Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# TIME OFF IN LIEU POLICY

Date: 1 November 2030

Parties: Northmoor Analytics Limited and its eligible employees

## 1. Purpose and parties

This non-contractual policy applies to employees whose manager approves additional work beyond their rostered hours. TOIL is a controlled time-off arrangement, not an automatic entitlement to work excessive hours and not a substitute for overtime pay where the contract, law or minimum wage requires payment.

## 2. Facts, scope and terms

Before additional work, the employee must obtain written approval stating the task, expected hours and whether TOIL or paid overtime applies. Emergency work may be authorised retrospectively within two working days. Managers must not encourage work that breaches the 48-hour average limit, rest breaks or health and safety duties.

## 3. Process and responsibilities

One approved additional hour creates one hour of TOIL unless a written contract or collective arrangement provides a different lawful rate. The manager records the date, hours and reason in the time system; commuting time is excluded unless it is working time under the applicable arrangement.

## 4. Evidence, records and safeguards

TOIL should normally be taken within three months, at a mutually agreed time that preserves service cover. A manager may refuse a particular date for a genuine operational reason but must offer a reasonable alternative. Accrued TOIL cannot be forfeited where the company prevented its use; payment on termination follows the contract and law.

## 5. Review, escalation and outcome

The manager checks that taking TOIL does not reduce pay below the National Minimum Wage for work performed and that holiday calculations are not unlawfully manipulated. Employees must record actual hours, take required breaks and report fatigue. Part-time, disabled and caring employees may request adjustments.

## 6. Reservations and practical protections

Unapproved additional work will be addressed fairly and should not be silently converted into unpaid labour. Questions or disputes go to HR and then grievance. Records are retained for payroll, working-time and safety checks with access limited to need-to-know staff.

## 7. England and Wales law and completion

England and Wales law applies. Statutory working-time, minimum-wage, holiday and equality rights prevail. HR reviews this policy annually; version 2.0 is approved on 1 November 2030.

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