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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

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  • I would start in a slightly different place, If you believe their Line Manager (acting on behalf of the company) approved this practice then I think you are duty bound to uphold the TOIL and allow the time off. It is for the Management to ensure managers are aware of policies generally and while ignorance is no defense it is at least a pretty good starting point.

  • in reply to Keith
    But if the line manager never acually rescinded or amended the general rule, how might they have approved the ignoring of it? Suppose they might have allowed the employees involved to use up time-expired TOIL in contravention of the general rule, but even if so, can't see how this might have worked to nullify it
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  • in reply to Keith
    But if the line manager never acually rescinded or amended the general rule, how might they have approved the ignoring of it? Suppose they might have allowed the employees involved to use up time-expired TOIL in contravention of the general rule, but even if so, can't see how this might have worked to nullify it
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  • in reply to David
    We are viewing from different angles I think. Most employees interact with their line managers. They get advice ,guidance and “rule” from their line manger. Clearly a policy may say something but if my manager says this is ok then who am I to question it? So the key for me is do you believe the employees genuinely had this approved by their manager?