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  • Brian

    T.O.I.L and trouble ?

    Lately, we have a series of members complaints all involving TOIL.( Time off in Lieu) With members wishing to know their legal rights revolving around time owing to them though overtime worked.

    The answer is quite simple…you have almost NO rights at all where TOIL is concerned as it is a “gentleman’s” agreement between the employer and employee and there are currently no laws that govern TOIL, it is in fact a civil contact between 2 parties, difficult and expensive to prove in court.

    Occasionally there may be a written agreement but even then it can get quite complex and often you will find that the employer will dig in their heels, and still refuse you the time off that you are owed, and there is little you can do about it.

    So what is the answer to TOIL?

    TOIL works fine when it suits BOTH parties and there is an honesty between you but be very very weary of complex time controlled systems that monitor each and every hour that you work over your time and NEVER be in position where substantial amounts of time are ever owed to you or enter into a contract where TOIL is closely monitored.

    Our advice will always be this. Stay in control of what is owed to you in TOIL and never be owed more than your kitchen can easily give you back without employing another chef to do your job.

    TOIL is one of the few things that is still unregulated so please be very careful with what is owed to you.

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