FW: FIRST DRAFT: HOLIDAY TIME OFF IN LIEU CASE; FEEDBACK APPRECIATED

 

 

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From: Jones, Meyrick
Sent: 09 February 2013 02:34
To: Williams, Leon; Barry, Julie; Grudgings, Gail; Randle, Duran; Mistry, Hasmukh; Meany, Sharon; Mohammed, Abdull; Maharaj, Sashi; Hall, Jennifer; Hartman, Nicky; Weaver, Julie
Subject: FIRST DRAFT: HOLIDAY TIME OFF IN LIEU CASE; FEEDBACK APPRECIATED

 

The Perennial 10.58 Hours TOIL Question

 

1.     This issue has nothing to do with money.

 

2. The over night staff  claim 10.58 hours TOIL  in order to make sure that when this deferred holiday time is claimed back the amounts of time on either side of the holiday ledger balance.

 

 

3. When an Overnight Team worker takes a day’s annual leave they have to use up 10.58 hours of their holiday entitlement to do so; whereas an In-day worker, booking off the same day, has to use up only 7 holiday hours in order to do the same.

 

4. Each person has taken a single day’s leave but because the night worker works a 10.58 hour day and the day work works a 7 hour day they have each had to enter a different number of holiday hours to book the same day off*

 

5. The above situation is of no real concern EXCEPT in regard to claiming for statutory holidays where, EITHER the holiday falls at the weekend (e.g. Xmas Day/Boxing Day/ New Year’s Day) where everyone is affected OR where someone is;

 

1. not working a standard Monday to Friday 37 hour shift pattern meaning  that  a Monday could be BOTH a normal work day or an official rest day dependant upon the shift pattern they are working when a statutory holiday occurs.

 

And

 

b. Their working day exceeds the 7 hour norm.

 

 

6. Where someone works a normal 7 hour day and they work a Bank Holiday they (i) claim back the 7 hours as TOIL and (ii) claim 7 hours overtime pay, in addition to their normal pay, to compensate them for ACTUALLY working the Bank Holiday. This is how double time and Time Off in Lieu Works

 

 

7. Where someone works a normal 7 hour day and they do not work the actual Bank Holiday but the Bank Holiday coincides with their official rest day they claim 7 hours TOIL so that they do not lose the additional statutory holiday simply because it falls on their rest day (it is because of this that employees get a days holiday on Monday 27 December and Tuesday 28 December if Xmas Day falls on a Saturday or a Sunday). This is How Time Off in Lieu Works … when the holiday is not actually worked but would otherwise be lost because it coincides with a pre-existing rest day were they not able to claw back the day as TOIL.

 

 

8. Then later, when the employee subsequently takes the statutory holiday on another day, they fill in a holiday request form using the 7 hours of TOIL they claimed which has been added to their existing holiday balance. Fairly straight forward and in essence a zero sum game.

 

9. The situation is however made more complicated when the employee does not work a standard 7 hour shift. In order for this equivalence to be maintained they must claim TOIL of the total hours they worked or would have worked (if they had worked the statutory holiday) not the standard 7 hours. They have to do this because when they later want to take that day off they have to fill in a holiday request that requires that they enter the actual hours that they won’t be working.

 

10. When someone on the night shift books a holiday they give up 10.58 hours of their holiday entitlement to do so not 7 hours.

 

11. If they have only been able to claim 7 hours toil then this means there will be a discrepancy of 3.58 hours which they would have to take from their normal annual leave entitlement.

 

12. In other words the zero sum game is not maintained and the employee loses 3.58 hours of their annual leave entitlement. They have been CREDITED 7 hours but DEBITED 10.58.

 

13. Assume that there are 8 statutory holidays during the year and that only 7 hours TOIL may be claimed for each then the discrepancy becomes apparent. Total Toil = 56 hours

 

14. Someone working a 7 hour shift claims 56/7 or 8 days holiday back later.

 

15. Someone working a 10.58 hour shift claims 56/10.58 or 5.29 days holiday back later.

 

16. They have lost 2.71 days holiday

 

17. THE REASON 10.58 TOIL HOURS ARE CLAIMED IS NOT ABOUT MONEY IT IS ABOUT ENSURING THAT EMPLOYEES DO NOT LOSE OUT WHEN THEY TAKE THE HOLIDAY THEY HAVE DEFFERED THAT THE ARE NOT CHEATED OF THEIR LEGITIMATE ENTITLEMENTS.

 

 

 

 

* If annual leave was allocated/calculated in whole days this would not be an issue but then there would no doubt be an equivalent  problem when someone wanted to book off a part day)

 

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