• Replies 4 replies
  • Subscribers 6 subscribers
  • Views 1011 views
  • Users 0 members are here
Options
Related

TOIL accrued over two years?

Mia151

Hi everyone

Bit of advice on how to handle this situation, I have two members of staff from the same team who have accrued TOIL over a two year period.  There Line Manager has never dealt with this and our TOIL policy states that TOIL should be used by the end of the month or you will loose it.

They both only work part time and have over 100 hrs each,  The Line Manager has now left and it has been brought to my attention to now deal with it. 

How do you feel is the best way to handle this considering both parties feel that they are entitled to take these hours forward.

Many thanks

Parents
  • Hi
    If it's evidenced clearly that TOIL should be used by a specified time limit, otherwise it will be lost, then legally the employees probably have no valid claim at all.

    However, it depends on the extent to which your employer would wish to demotivate them by making them 'lose' all this. It may be that you could kick off with 'they've lost it' contractually but come to some kind of ex gratia payment and / or arrangement at least partially to compensate them. 100 hours apiece is about 13 days off or probably £1000+ in plain time pay, so maybe look at say half of that as a starting point if you want to maintain their goodwill? - and of course reiterate the rules for the future and that this is just a 'one-off' concession that won't be repeated.
Reply
  • Hi
    If it's evidenced clearly that TOIL should be used by a specified time limit, otherwise it will be lost, then legally the employees probably have no valid claim at all.

    However, it depends on the extent to which your employer would wish to demotivate them by making them 'lose' all this. It may be that you could kick off with 'they've lost it' contractually but come to some kind of ex gratia payment and / or arrangement at least partially to compensate them. 100 hours apiece is about 13 days off or probably £1000+ in plain time pay, so maybe look at say half of that as a starting point if you want to maintain their goodwill? - and of course reiterate the rules for the future and that this is just a 'one-off' concession that won't be repeated.
Children
No Data