Snapdragon

TOIL v PAYMENT

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Police regulations make it quite clear that, having worked overtime, it is the officer's choice as to whether or not (s)he opts to take compensation in the form of payment or time off in lieu.

Police regulations make it quite clear that if the time off is not taken within 3 months of having worked the overtime, then payment can be claimed.

My question is, what happens if an officer wants to take time off in lieu having worked overtime, but has not has the opportunity to take that time off in lieu, within 3 months of having worked the overtime, because the Constabulary has prevented the officer from doing do, due to operational demand.

Does the officer retain the ability to still take the time off, beyond 3 months of having worked the overtime or at that point, does the officer then have to receive payment?

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In my experience I could always book the TOIL up to a year down the line so my tactic was to always go 'long range' with my dates and it was never a problem. I guess it will depend on your force and how forward looking you are with trying to get time off. As a general rule of thumb wherever possible I did the same with leave (whilst avoiding the force quarantined dates) which whilst not being ideal always ensured I retained a reasonable degree of control over when I got my time off. 

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I won't work for TOIL, no point when you can't take it at any time when its any use to me. A tuesday morning off in february isn't much good for anything.

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The three months probably stems from the fact that every officer should have three months projected duties knowing their start and finish time. It's quite reasonable for both parties if this is managed correctly. Not sure why you'd want payment if toil is refused within three months,just claim it as payment as soon as you've worked it rather than wait to be refused toil

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I always claim for payment especially on BH's. If I was over the higher rate tax threshold then I'd consider taking it as time though.

Also don't get sucked into the 'unofficial' supervisors way of saying 'if you work an hour over, I'll let you go an hour early tomorrow' kind of thing. This is used a lot where I work and it's not right.

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Thanks for the posts.

 

I prefer to work overtime for TOIL. Whilst you effectively work more in the short term (overtime), you ultimately work less once you have taken the TOIL, since the compensation is always more than the flat rate, whether it be time & a third, time & a half or double time.

 

The only problem is that, my force has begun adhering to the regulation rigidly, preventing me from booking TOIL more than 3 months advance (when there is capacity to authorise my request) thereby ensuring that I can only book TOIL 3 months in advance (where inevitably there is less opportunity to take it, because others have most likely got their time off booked,

 

It would appear that despite the regulation stating that it is the officer's preference as to whether or not (s)he opts for TOIL or payment, actually the other constraints may prevent the officer's choice, assuming that there is less or no opportunity to take the TOIL within 3 months for whatever reason, when the officer MUST then send the overtime for payment.

 

Does anyone agree or disagree?

 

Does anyone have a view from a Federation perspective?

 

Any other thoughts?

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I don't think you HAVE to claim payment if the TOIL is not used in three months, but the option is there for you to do so under regs.

It is for that very reason that we are limited to the TOIL we can accumulate. A mate of mine claimed over 200 hours a few years ago and the smelly stuff really hit the fan.

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Reading this reminded me of the times we had to work a quick changeover off a 7 night shift. Wherever possible I always took time not pay which of course mounted up. So I started to ask the duties skipper to show me 8 hours off each time the quick changeover came around, which he granted. Many on my old relief called me all the names under the sum, because I was always off on the quick changeover, until that is, other officers started doing it, and in the end, it was a battle to get the time off. At that point I thought, who's the doughnut now then. :D

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All good ideas are contagious, Westie.

 

It would appear that police regulations provide, no conclusive answer to my question, "Does the officer retain the ability to still take the time off, beyond 3 months of having worked the overtime or at that point, does the officer then HAVE to receive payment?"

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Hi Snapdragon. My understanding of the situation because it directly concerned me, is that after the 3 months have expired, the officer concerned was automatically paid the sum of money, without having requested it. It just happened. Having said that, things may have changed now though.

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How weird, same Regs, so many interpretations.... We can have toil on their for years but we have a maximum bank of 20 hours

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I always used to take OT as time off. 

 

They can't tax you on time off and I would have rather been elsewhere than dealing with societies crap

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