1.1 Oxford Brookes University has a commitment to ensuring that Employees maintain a healthy work-life balance and will try to ensure that the need to work additional hours is kept to a minimum, while maintaining essential operations.
Time Off In Lieu (TOIL) and Overtime Policy
2.1 This Policy is for Line Managers and staff and sets out how Time off in Lieu (TOIL) will operate at Oxford Brookes University and when Overtime Payments may be used.
2.2 This Policy seeks to create a consistent approach to working arrangements that enables Employees and the University to manage fluctuations in work requirements that are not accommodated through normal flexible working practices.
3.1 TOIL stands for Time Off In Lieu. This is where an Employee works pre approved additional hours and is compensated with taking the time off at another point. Use of TOIL should be unusual. This Policy is only to be used for anticipated situations, including but not limited to: open/applicant days, graduation, International Recruitment Fairs, arrivals weekend or unanticipated situations such as an IT system failure that requires urgent action to remedy. The accrual of TOIL requires authorisation in writing in advance by a Line Manager at Head of Department/Head of Operations/Executive Team level (Senior Staff Level). Other situations could be considered but prior agreement must be given by a Line Manager at the appropriate Head of Department level (Senior Staff Level). Only in an emergency can a lower level Line Manager agree TOIL which must still be in writing, in advance, and the agreement about when the accrued TOIL will be taken must also be agreed before the TOIL is accrued.
3.2 Overtime is where an Employee works pre approved additional hours and is compensated with a payment. The payment of Overtime should be unusual and only used for situations where TOIL is not appropriate (see section 3.1 to see when TOIL should be used as TOIL should always be used in preference to Overtime). The working of Overtime requires authorisation in writing in advance by a Line Manager at Head of Department/Head of Operations/Executive Team level (Senior Staff Level). Other situations could be considered but prior agreement must be given by a Line Manager at the appropriate Head of Department level (Senior Staff Level).
4.1 This Policy overrides any previous existing Policies or practices whether formal or informal. As different practices in relation to Overtime have existed in different areas of the University this new Policy will take immediate effect in all areas.
4.2 This Policy applies to all Professional Services Staff at Oxford Brookes University up to and including grade 12 and does not apply to claim based staff.
4.3 TOIL and Overtime are voluntary and not part of normal flexible working arrangements. This is covered in the Flexi-time Policy, the University Flexible Working Policy and the Hybrid Working Line Manager’s Guidance. An example of flexible working is where an Employee whose normal time of departure is significantly delayed by an overrunning meeting at the end of the day, resulting in them leaving late. This time would not qualify as TOIL or Overtime but should be taken with agreement with the Line Line Manager the following day or later the same week, by coming in later, going home earlier or taking a longer lunch break.
5.1 Full-time professional services staff are contracted to work for 37 hours per week (excluding lunch breaks), spread over a five-day period. This is normally Monday to Friday, unless an alternative provision has been made to the contract of employment or in a contract amendment document such as a different working pattern or a different number of contracted hours.
5.2 Workplace start and finish times are as agreed with the Employee’s immediate Line Manager, and may vary from day to day or period to period with the Line Manager’s agreement in advance. If an Employee requires guaranteed start and finish times or a particular working pattern over a longer period then they should make a Flexible Working Request in line with the Flexible Working Policy.
5.3 It is the discretion of the Head of Department (Senior Staff Level), or equivalent level of Line Manager to offer TOIL or Overtime. The aim is to use no more staff than necessary to work the additional hours and budget is available. There must be consistency in how TOIL and Overtime are operated across the Faculty/Directorate. Overtime can be paid when TOIL is not appropriate for the situation, however TOIL should always be the first choice to ensure that staff are getting suitable rest. It is the Faculty/Directorate’s decision when TOIL will be available and when it isn’t possible to use TOIL. Iit will be the Faculty/Directorate’s decision on whether Overtime will be available ensuring consistency of approach across the affected Faculty/Directorate. Staff with 50 hours of Banked TOIL should not be offered Overtime.
5.4 When asking an Employee to work additional hours, the Working Time Regulations 1998 must be followed at all times. These Regulations state that an individual:
- should not work more than an average of 48 hours per week over a rolling 17 week period unless they have “Opted Out” under the Working Time Regulations. Further details can be found on Working Time Regulations
- must be allowed at least one day off each week or two days off in a fortnight. A rest day is not necessarily a Saturday or a Sunday
- should have 11 hours uninterrupted rest in a 24 hour period
- is given at least a 30 minute unpaid break during their shift if their shift lasts six hours or more.
5.5 The working of additional hours is voluntary although there is no contractual entitlement to be paid Overtime or granted TOIL, Overtime and TOIL in particular circumstances as set out in this Policy can be authorised in advance by a member of the Faculty/Directorate Executive Team.
5.6 Where a job description states that the post holder is required to work at the weekend, for example, and specifically states that TOIL will be given rather than having a flexible working pattern, then TOIL in this circumstance will not be voluntary and Overtime will not be paid as an alternative.
5.7 TOIL or Overtime only apply to additional periods of work at the weekend, bank holidays or either before or after the Employee’s normal contractual hours/pattern of work on that working day. N.B. Where staff are contractually required to carry out work at a weekend or in the evening as a core part of their role, e.g. during student enrolment and open/applicant days, international recruitment fairs, their working pattern should be adjusted for that period. Where possible, the individual should take an alternative rest day during the same working week. Where this is not possible, time is accrued on an “hour for hour basis” and taken as soon as is practicable. To be clear they would not accrue TOIL inline with this Policy and cannot be paid Overtime as an alternative.
5.8 Heads of Department and Line Managers must plan in advance the most effective way of achieving service needs in order to minimise the need for the working of additional hours.
5.9 TOIL should not be agreed and/or accrued on a regular basis or Overtime paid on a regular basis; it should be an unusual event rather than the norm. Only Heads of Department (Senior Staff Level) or higher can authorise the accrual of TOIL when all other mechanisms, such as adjusting the working pattern for that week, have been exhausted.
5.10 Overtime can only be paid if TOIL is not appropriate (please see the sections 3.1 and 3.2), TOIL must always be considered first. Neither TOIL or Overtime can be accrued or paid whilst an Employee has 50 hours of TOIL in the Bank.
5.11 It will be the authorising senior Line Manager’s decision whether Overtime will be offered rather than TOIL, as it should always be TOIL where possible and the use of Overtime should be in a consistent way across the Faculty/Directorate.
5.12 Accrual of TOIL or payment of Overtime should be unusual, Line Managers who have staff accruing TOIL or being paid Overtime on a regular basis must look at the working pattern so that the working pattern can be adjusted to meet the needs of the role as appropriate.
5.13 TOIL or Overtime is intended to be planned and authorised in advance. It is not intended that it will be worked on an ad hoc basis and cannot be accrued until its accrual has been authorised by a Line Manager at an appropriate senior staff level (see sections 3.1 and 3.2).
5.14 TOIL or Overtime do not apply to lunch periods and Line Managers should ensure that staff get the appropriate lunch break each day, to ensure compliance with the Working Time Regulations.
5.15 All Overtime or TOIL must be agreed and authorised in advance and in writing by a Line Manager at the appropriate senior staff level (see sections 3.1 and 3.2) in writing, stating the dates and times that have been authorised, before additional hours are worked. If this authorisation is not in place, any additional hours undertaken will not qualify for TOIL or an Overtime payment and will be lost. Employees should not undertake TOIL or Overtime until it has been authorised by a Head of Department or equivalent level (Senior Staff Level) in writing. When TOIL is authorised to be accrued, before it is actually accrued it must be agreed between the Employee and the Line Manager when it will be taken and recorded in writing on the People XD and Google calendar
6.1 Before reading this section please read all of this Policy thoroughly to understand the restricted circumstances in which TOIL might be accrued, the authorisation level required, it's important to have particularly read the Scope section and the Procedures for, Operation of TOIL When Traveling Away Including at the Weekend. N.B. Where staff are expected to carry out work at a weekend or in the evening as a core part of their role, e.g. during student enrolment and open/applicant days, international recruitment fairs, their working pattern should be adjusted for that period. Where possible, the individual should take an alternative rest day during the same working week. Where this is not possible, time is accrued on a “hour for hour basis” and taken as soon as is practicable. To be clear they would not accrue TOIL or be paid Over time.
6.2 Agreed hours worked beyond the standard 37 hour working week, or contracted hours for part time staff, may be claimed on the following basis:
N.B. TOIL cannot be accrued or Overtime paid on a person’s normal working day so if a person normally works on a Sunday then they will not accrue TOIL unless they work any extra hours and it is only the extra hours that will be TOIL or Overtime if the accrual of TOIL or Overtime has been agreed in advance as explained in 3.1.
6.3 Maximum banked TOIL is 50 hours.
6.4 Up to 50 hours of TOIL Accrued –TOIL is awarded on:
- a single hourly rate basis for supplementary hours worked between Monday and Friday
- at 1.5 x for supplementary hours worked on Saturdays
- at 2 x on Sundays or Public/Bank Holidays (BH)/Concessionary Days (Cons).
Please see the Procedures for, Operation of TOIL When Traveling Away Including at the Weekend which provides details about TOIL accrual in this situation.
6.5 The table below shows some examples of the above where extra hours have been worked that the person is not contractually required to work and have been authorised to be worked as explained in section 3.1:
Day of the week as an example | No. of agreed extra hours worked that are not contractual hours | Amount of TOIL accrued where authorised |
|---|---|---|
Monday to Friday (if not a BH/Cons) | 2 hours | 2 hours |
Saturday | 2 hours | 3 hours |
Sunday/BH/Cons | 2 Hours | 4 hours |
6.6 Some Employees are contracted to work 5 out of any 7 days. Anybody with this type of contract will only accrue TOIL, provided it has been authorised by Head of Department/Executive Team level (Senior Staff Level) in advance, at the above rates where they have worked their contracted hours already on that particular day. For example, if a person normally works 5 hours on a Sunday but is required to work 2 extra hours on a Sunday then this will be at 2x as detailed in 6.4 above.
6.7 TOIL that is not used in line with this Policy will be lost. TOIL cannot be converted to Overtime.
6.8 Agreed TOIL hours earned in any calendar month must be taken as soon as possible, ideally within a month, after they are earned to ensure suitable rest periods. If this is not possible, where it is appropriate to the needs of the Faculty/Directorate, TOIL may be taken at any point during the following rolling 12 months. This is subject to Line Management agreement and compliance with the Working Time Regulations as detailed in the Principles section above. Where a staff member has accrued TOIL it should be planned in and used before going on maternity/adoption or shared parental leave, and TOIL should not be accrued if it won’t be possible to take the accrued TOIL back.
6.9 If a person has accrued TOIL but then takes a period of long term sickness then in these exceptional circumstances it may be possible to carry the TOIL forward and be used during the first month of return from sick leave in agreement with the PVC Dean/Director.
6.10 No more than 50 hours of TOIL may be held in the bank at any time and any additional hours will normally be lost and would need PVC Dean/ Director of Directorate authorisation for it not to be lost and the PVC Dean and Director would need to look into why so much TOIL has been accrued and not taken and take appropriate action. It should be unusual for staff to be holding 50 hours as TOIL is expected to ordinarily be being taken within a month of being accrued. No Overtime can be earned whilst an Employee has 50 hours of TOIL in the bank.
6.11 Staff who leave their post, whether to go to a new post within the University or to leave the University, should use any accrued TOIL before changing post. TOIL is not permitted to be carried into the new post and no payment will be made for TOIL accrued but not taken. TOIL cannot be converted into Overtime. Where a staff member has accrued TOIL it should be planned in and used before the end of their contract and not be accrued if it won’t be possible to take the accrued TOIL back.
6.12 Employees and Line Managers must use the Staff HR Portal to record TOIL.
6.13 Before reading this section please read all of this Policy thoroughly to understand the restricted circumstances in which Overtime might be paid. TOIL should always be accrued rather than Overtime paid unless TOIL accrual is not appropriate (see section 3.1 and 3.2). It is important to have particularly read the Scope section. N.B. Where staff are expected to carry out work at a weekend or in the evening as a core part of their role, e.g. during student enrolment and open/applicant days, international recruitment fairs, their working pattern should be adjusted for that period. Where possible, the individual should take an alternative rest day during the same working week. Where this is not possible, time is accrued on a “hour for hour basis” and taken as soon as is practicable. To be clear they would not accrue TOIL and would not be paid Overtime.
6.14 Agreed hours worked beyond the standard 37 hour working week, or contracted hours for part time staff, may be claimed on the following basis:
N.B. Overtime will not be paid for work done on a person’s normal working day so if a person normally works on a Sunday then they will not be paid Overtime on a Sunday unless they work any extra hours and it is only the extra hours that will be paid as Overtime if the payment of Overtime has been agreed in advance as explained in section 3.2.
Overtime is only paid when TOIL is not appropriate (see sections 3.1 and 3.2). This is the basis on which Overtime is paid:
- A single hourly rate basis for supplementary hours worked between Monday and Friday, unless more than 37 hours have been worked, once 37 hours have been worked then Overtime will be paid at 1.5 for any hours above 37 hours. Part time staff will not be paid at 1.5 for supplementary hours until they have work more than 37 hours, the additional hours below 37 will be at plain time single hourly rate.
- At 1.5 x for supplementary hours worked on Saturdays.
- At 2 x on Sundays or Public/Bank Holidays (BH)/Concessionary Days (Cons).
- Overtime payments are not available for staff working abroad/traveling abroad.
6.15 The table below shows some examples of the above where extra hours have been worked that the person is not contractually required to work and have been authorised to be worked as explained in section 3.2:
Day of the week | No. of agreed extra hours worked that are not contractual hours | Normal hourly rate | Overtime hourly rate | Total amount of Overtime paid for the extra authorised hours worked |
|---|---|---|---|---|
Monday to Friday (if not a BH/Cons) when less than 37 hrs are worked of regular hours up to and including 37 hours | 2 hours | £10 | £10 | £20 |
Monday to Friday (if not a BH/Cons) once 37 hours have been worked | 2 hours | £10 | £15 | £30 |
Saturday | 2 hours | £10 | £15 | £30 |
Sunday/BH/Cons | 2 Hours | £10 | £20 | £40 |
6.16 Overtime is paid at the Employees normal pay grade for staff on grade 8 and below for Professional Services staff only. Professional Services staff only, paid on grade 9 up to grade 12 will be paid at grade 8 when they are paid Overtime.
Day of the week | No. of agreed extra hours worked that are not contracutal | Normal Grade | Overtime Grade |
|---|---|---|---|
Monday to Friday (if not a BH/Cons) when up to and including 37 hours are worked | N/A | Staff on Grades 1 to 8 | Employee’s normal grade will be paid for hours up to and including 37 |
Monday to Friday (if not a BH/Cons) for hours over 37 are worked | 2 hours | Staff on Grades 1 to 8 | Employee’s normal grade will be multiplied by 1.5 only for hours above 37 |
Saturday | 2 hours | Staff on Grades 1 to 8 | Employee’s normal grade will be paid multiplied by 1.5 |
Sunday/BH/Cons | 2 Hours | Staff on Grades 1 to 8 | Employee’s normal grade will be paid multiplied by 2 |
Monday to Friday (if not a BH/Cons) when up to and including 37 hours are worked | N/A | Staff on Grades 9 to 12 | Employee’s normal grade will be paid for hours up to and including 37 |
Monday to Friday (if not a BH/Cons) for hours over 37 are worked | 2 hours | Staff on Grades 9 to 12 | Employee will be paid at grade 8 which will be multiplied by 1.5 only for hours above 37 |
Saturday | 2 hours | Staff on Grades 9 to 12 | Employee will be paid at grade 8 multiplied by 1.5 |
Sunday/BH/Cons | 2 Hours | Staff on Grades 9 to 12 | Employee will be paid at grade 8 multiplied by 2 |
6.17 Some Employees are contracted to work 5 out of any 7 days. Anybody with this type of contract will only be paid Overtime when TOIL is not appropriate and provided it has been authorised by Head of Department/Executive Team level (Senior Staff Level) in advance, at the above rates where they have worked their contracted hours already on that particular day. For example, if a person normally works 5 hours on a Sunday but is required to work 2 extra hours on a Sunday then this will be at 2x as detailed in 6.4 above.
6.18 TOIL that is not used in line with this Policy will be lost. TOIL cannot be swapped for Overtime.
6.19 Agreed Overtime earned in any calendar month must be claimed within 2 calendar months, although ideally within one month.
6.20 Staff who leave their post, whether to go to a new post within the University or to leave the University, must claim for any authorised Overtime before changing post.
6.21 Overtime must be claimed within 2 months of being worked (although ideally within 1 month of being worked) using the People XD System.
6.22 Employees are not eligible to be paid Overtime in any period during which they are absent from work at the same time due to illness, annual leave or any other form of leave, unless exceptionally agreed by their Head of Department (Senior Staff Level) and the People Management Team. For example, if a person is on sick leave on say Wednesday, Thursday and Friday they would not be permitted to earn Overtime on a Saturday.
6.23 Overtime will not be available when Traveling Away including at the weekend but TOIL may be available provided appropriate authorisation has been given as explained in section 3.1.
6.24 On occasions, staff may be required to travel to a different location. Examples include, but are not limited to, training courses, graduation events or recruitment events. These may be in another part of the country or elsewhere in the world. Where any Employee is traveling to and from an event on the same day, but needs to set out earlier than their normal working day and/or arrive home later than normal this should be managed through normal flexible working. The additional time should be taken during the same week to ensure appropriate rest time during the week. For example, if an Employee needs to leave home at 6.30 am instead of 7.00 am to allow time to travel to an event, the additional 30 minutes can be taken through flexible working during the rest of the week, however if the event and associated travel results in a shorter than normal working day the extra time needed to set off earlier in the morning will be deemed to have been taken back the same day.
6.25 On occasions, an Employee may need to be at a distant location and it may not be appropriate to travel the same day. This is likely to be the case when the Employee is required to work overseas and needs to travel over the weekend in order to be at the venue at the start of the week. In this instance travel undertaken at the weekend will accrue TOIL at time and a half (for a maximum of seven and a half hours) when undertaken on a Saturday and/or double time (for a maximum of seven and a half hours) on a Sunday. For example, if a person travels on a Saturday this will attract TOIL, but the following day, Sunday, provided they are not working, will be considered to be a normal weekend rest day and not attract TOIL. Should the Employee travel on a Sunday, the hours traveled will attract TOIL. In this instance the Saturday will be considered a normal weekend rest day and would not attract TOIL.
6.26 If a request is made by the Employee, and that request is granted, for an Employee to travel to an event early in order that they can spend some leisure time in the country that the event is situated, this will not attract TOIL. If the leisure time falls at the weekend it will be classed as normal weekend rest days assuming their normal working pattern does not include Saturday and Sunday, but if the leisure time falls on a working day in that person’s normal working pattern, the Employee must use their annual leave.
6.27 Line Managers and Employees should plan to include adequate rest time during the trip. If this is not possible TOIL accrual can be agreed at the Head of Departments (Senior Staff Level) discretion. In such cases one TOIL day should be taken immediately after return to the UK. This should be taken out of the TOIL accrued during the trip.
6.28 International travel can be tiring, particularly long haul flights or flights landing during the night. When this happens, Line Managers should make arrangements for an appropriate rest break before the first appointment. Line Managers must agree an itinerary, in writing, for staff who are going away so that it is clear in advance before the event takes place:
- which days will attract TOIL (as agreed by the Head of Department or equivalent level Line Manager (Senior Staff Level))
- which will be annual leave
- which will be normal contracted hours.
6.29 Any accrued TOIL should be used before the end of an employment contract regardless of the reason for the termination of the contract. Any TOIL that is not used, for any reason, will be lost and there will be no cash alternative. Where a staff member has accrued TOIL it should be planned in and used before the end of their contract and not be accrued at all if it won’t be possible to take the accrued TOIL back. TOIL cannot be converted to Overtime.
6.30 Any Overtime that has been worked must be claimed before the end of the contract using the People XD System.
7.1 Head of Department/Head of Operations/Executive Team level (Senior Staff Level) are able to use discretion to offer Overtime and TOIL, which must be authorised in writing and in advance, ensuring consistency.
7.2 Line Managers are responsible for planning in advance the most effective way of achieving service needs in order to minimise the need for the working of additional hours. In agreeing varying start and finish times, itineraries for trips and rest breaks, they must ensure compliance with the Working Time Regulations 1998.
7.4 Employees are responsible for recording TOIL in the Staff HR Portal, and must claim Overtime via the using the People XD System inline with the timeframes detailed in this Policy.
9.1 Any Employee who feels that Overtime or TOIL have not been operated in line with this Policy may bring a case through the Resolving Disputes at Work Policy in the first instance or if the issue is not resolved through the Resolving Disputes at Work Policy then the Grievance Policy.
| Document name: | Toil and Overtime Policy |
| Version Number: | 2 |
| Equality Impact Assessment: | [Completion date or confirmation that equality considerations have been given – EIA and EIA Impact Assessment Guidance |
| Privacy Impact Assessment: | [Completion date or confirmation that PIA is not applicable] |
| Approved by: | Joint Staff Council |
| Date Approved: | 12 June 2024 |
| Effective from: | TBC |
| Date for Review: | 3 years |
| Supersedes (if applicable) | Toil policy |
| Next Review Due: | June 2027 |
| Policy Developer (Lead Contact) | Felicity Ball, Policy Manager |
| Policy Owner | People Directorate |
| Document Location: | Work life balance |
| Related University Policies/Procedures/Guidance: | Flexi-time Policy, the University Flexible Working Policy, Hybrid Working Line Manager’s Guidance, Working Time Regulations |
| Keywords | Overtime, TOIL, Time Off in Lieu, Flexible Working, Flexi-Time, Hours of Work, Pay. |
| Version Date | Revision description / Summary of changes | Author |
|---|---|---|
2 June 2024 | Update existing policy and capture established rules and practices in relation to the application of TOIL and Overtime. | People Manager |