Being Forced To Take Toil This Christmas

debster1

The MD of the small business I work for (12 of us) decided yesterday that we will be closing for 2 whole weeks over Christmas so some improvement works can take place within the office building

I have a lot of TOIL built up (as well as time owed from being on call) and the MD has told me I must use the TOIL for at least 1 of the 2 weeks (as opposed to holiday)

I've only been there for 13 months so I don't want to cause a fuss but it seems unfair

There's no staff handbook and my contract doesn't mention it.

Can they do this?

Sinhanada

Yes they can unfortunately. Time Off In Lieu is usually at the discretion of the business and in this instance, although unfortunate they have to close using TOIL is better than not being paid

Takeaway_Addict

I don't see the issue? He could just make you use holiday instead so really its just in the name?

getmore4less

The reason they need you to use TOIL is they have not given enough notice to take the holiday.

Using the TOIL is usually better because that will often be discretionary and the holidays are contractual.

Not unknown for time owing to not be paid to leavers

Just make sure you can still use all your holidays.

That will depend on the holiday year and how many you have left to take.

jkkne

Takeaway_Addict wrote: »

I don't see the issue? He could just make you use holiday instead so really its just in the name?

I imagine the issue is the perception of not being 'paid' whilst off (however wrong that perception is!)

But I'd say to the OP that you are going to have to take the toil at some point and whenever that is you won't be paid for it (either that or you lose it!)

I'd love 2 weeks off at Christmas and New Year!

debster1

To be honest I'd rather take the holidays than the toil (I'm not likely to use the toil as there's never an opportunity)

I've not taken any holidays this year (they run October to October) and I have 10 days booked in May for a family holiday

bap98189

debster1 wrote: »

To be honest I'd rather take the holidays than the toil (I'm not likely to use the toil as there's never an opportunity)

I've not taken any holidays this year (they run October to October) and I have 10 days booked in May for a family holiday

I don't understand your logic! You say you never get to take the TOIL, well here's a great opportunity to use a bunch of it up. If you use holidays and never take the TOIL then you are just going to get less days off.

~Beanie~

debster1 wrote: »

To be honest I'd rather take the holidays than the toil (I'm not likely to use the toil as there's never an opportunity)

I've not taken any holidays this year (they run October to October) and I have 10 days booked in May for a family holiday

That doesn't make sense. If you are saying that there is never an opportunity to take TOIL, here is your opportunity and you will still have your holidays available to take elsewhere!!

Why would anyone 'waste' TOIL by not using it and use up holidays that they don't need to?

TrickyDicky101

What is the difference in your company between TOIL and holiday?

There must be some otherwise why would you care?

debster1

TOIL isn't paid, that is my problem.

I'd rather use my holiday and get paid but they won't allow me to

TrickyDicky101

It's not TOIL then - it is unpaid leave. You should have made this clear at the start (about it being unpaid) as your post makes no sense otherwise.

If TOIL is unpaid that means you have worked for no money - why would you do that?