If I can't get time off in lieu? (TOIL)
It is important to remember that time off in lieu always has a cost implication. The time off is compensation for overtime already worked and for which no enhanced payments have been received. The decision as to whether you work overtime for payment or for toil is yours and yours alone to make.
There is a common misconception that before TOIL can be claimed for payment you have to make 3 unsuccessful attempts to be granted time off. Although widely held, this belief is simply wrong.
Courtesy however would dictate that if you elected to receive time off in direct opposition to payment, that you allow your supervisor the chance to grant that time off.
If however you are unable to receive time off within 3 months, starting the week following which the overtime was worked, you are entitled to receive payment for such time [1].
What this in effect means is that an officer is entitled to receive payment for all TOIL over 3 months old.
[1] Regulation 25 Police (Scotland) Regs 2004 Annex G (A)(6)
