Being Forced To Take Toil This Christmas

debster1

TrickyDicky101 wrote: »

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?

Sorry I wasn't clear. Head a bit muddled.

I did it because I struggled in the job market for a long time and I can't afford to lose a job so I did extra hours and things here and then. Its a tough market for me

Takeaway_Addict

debster1 wrote: »

Sorry I wasn't clear. Head a bit muddled.

I did it because I struggled in the job market for a long time and I can't afford to lose a job so I did extra hours and things here and then. Its a tough market for me

Did they pay you for these extra hours?

terra_ferma

debster1 wrote: »

Sorry I wasn't clear. Head a bit muddled.

I did it because I struggled in the job market for a long time and I can't afford to lose a job so I did extra hours and things here and then. Its a tough market for me

Sounds like you are still a bit confused. If you work extra hours and you take time off instead of being paid for the extra hours, that's TOIL and you still get paid your normal salary.
Unpaid leave is when you take time off and you don't get paid for the hours/days you take off.
If you worked extra hours equivalent to two weeks work, you take time off during christmas but you are still paid as if you were at work, that would be TOIL.

Spirit_2

TOIL is when you are given back the time owed to you because you have previously worked agreed overtime without being paid for it.

When taking TOIL your pay should be the same as if you had attended work.

Holiday is paid time off that is at your normal rate of pay. You & the employer are required to give notice of holiday requests.
From the CAB website: per your contract or
If you have not got an agreement with your employer about how much notice you have to give before you can take holiday the following rules apply:

• your employer can make you take all or any of your holiday at a particular time, as long as they give you notice. This notice must be at least twice as long as the holiday they want you to take. For example, if your employer wants to have a Christmas shutdown for one week, they have to give you notice of the date the holiday is to start at least two weeks before it starts.
• you must give notice to your employer when you want to take holiday. This notice must be at least twice as long as the holiday you want to take. For example, if you want to take three days’ leave, you must give your employer notice of this at least six days before your holiday is due to start.

Compelling you to take a period of unpaid leave without your agreement will be a breach of contract.

huskypup

TOIL means you have already worked the hours and are taking the time off that they owe - your wages will be the same as they usually are.

My company allow us to start building up TOIL around Mid Sep time - as we usually are a little busier then, and then we use this time to take off at Christmas for a shut down. Its a win win, the odd hour worked here and then for a couple of months unpaid (TOIL earned) doesnt affect home life too much - and at Christmas we have a two week shut down on full pay when the kids are off.

Laurajo_2

Do you mean that you usually have the option to get paid overtime, or take it as toil? And they are forcing you to take it as toil?

KiKi

OP, as others have said, TOIL is paid. That's the whole point of it.

For example, you work lots of additional hours during the year which you don't get paid for. Those hours build up to the point where you effectively have worked an extra two weeks. That means you're then allowed to take that time back - ie, take a day off and still be paid. You get Time Off In Lieu of the hours that you weren't paid for.

So unless you're being forced to take unpaid leave - which is not the same as TOIL - then all's good, right?!

AP007

debster1 wrote: »

TOIL isn't paid, that is my problem.

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

As nearly everyone has said TOIL is time of in lieu or something like payment.

Work 1 hour more in the week for example get to go home at 4pm instead of 5pm and still get paid that that hour

So work back enough hours to make a week which you don't get paid for and keep this till you need time off. The time off will be paid as if you are there

But if you mean Unpaid Leave then that's not TOIL