Time off in lieu (TOIL) is extra time off earned by working additional hours beyond your normal schedule. Instead of receiving overtime pay, you accumulate hours that you can take as leave at a later date. TOIL is entirely at the employer’s discretion — there is no statutory right to TOIL in the UK — but most employers offer it as an alternative to overtime payment. The templates below help you request TOIL professionally, whether you are asking for a full day, a half day, or a block of time.
Key Takeaways
- TOIL (time off in lieu) is extra time off earned by working additional hours — it is not the same as overtime pay, annual leave, or flexitime.
- There is no statutory right to TOIL in the UK. It is a contractual or policy-based arrangement between employer and employee.
- TOIL must be agreed in advance with your manager — working extra hours does not automatically entitle you to time off unless your employer’s policy says so.
- Check your employer’s TOIL policy for expiry rules — many employers require TOIL to be taken within 3 to 6 months of being earned.
- TOIL hours are not the same as overtime hours — some employers offer 1:1 TOIL (one hour off for one hour worked), while others offer 1.5:1 or different rates.
- TOIL does not carry over indefinitely — unused TOIL may be lost if not taken within the policy timeframe.
Template 1: Requesting a Full TOIL Day
Use this when you have accumulated enough TOIL hours to take a full day off.
Subject: TOIL Day Request — [Date]
Hi [Manager],
I'd like to request a TOIL day on [Date]. I've accumulated [X] hours of TOIL from [brief context — e.g., the project overtime on Date / the weekend work in Month].
I've checked my calendar and [Colleague] can cover [responsibility] that day. I'll make sure nothing urgent is pending before I take the day.
Please let me know if this works.
Thanks,
[Your Name]
Template 2: Requesting a Half TOIL Day
When you have enough hours for a half day but not a full day.
Subject: Half TOIL Day — [Date] (PM)
Hi [Manager],
I'd like to use [X] TOIL hours on [Date] to leave early at [time]. I've accumulated these hours from [context].
I'll complete all morning deliverables and [Colleague] will cover the afternoon standup.
Thanks,
[Your Name]
Template 3: Requesting Multiple TOIL Days
When you have accumulated a large block of TOIL and want to take several days in a row.
Subject: TOIL Leave Request — [Start Date] to [End Date]
Hi [Manager],
I'd like to request [X] consecutive TOIL days from [Start Date] to [End Date]. I've accumulated [X] hours of TOIL from [context — e.g., extended overtime during the Q1 project].
I've reviewed my workload and can ensure all critical deliverables are completed before [Start Date]. [Colleague] has agreed to cover my responsibilities during this period.
Please let me know if this works or if you'd prefer I spread the days across different weeks.
Thanks,
[Your Name]
Template 4: Requesting TOIL for Overtime Worked Over a Weekend
When you worked over a weekend and want to take the equivalent time off.
Subject: TOIL Request — Weekend Work ([Date])
Hi [Manager],
I worked [X] hours over the weekend of [Date(s)] on [task/project]. I'd like to request TOIL for these hours, to be taken on [Date or "at a convenient time"].
Let me know if you need me to log the hours in [timesheet system] first.
Thanks,
[Your Name]
Template 5: Checking TOIL Balance
When you are not sure how much TOIL you have and want to check before requesting time off.
Subject: TOIL Balance Query
Hi [Manager / HR],
Could you please confirm my current TOIL balance? I believe I've accumulated hours from [context] but I'd like to check the exact figure before requesting time off.
Thanks,
[Your Name]
How TOIL Works in the UK
TOIL is a contractual arrangement, not a statutory entitlement. Here is how it typically works:
TOIL vs Overtime Pay
| Factor | TOIL | Overtime Pay |
|---|---|---|
| What you get | Time off equivalent to hours worked | Payment at your overtime rate |
| When you get it | At a later date agreed with your manager | In your next payslip |
| Statutory right? | No — employer’s discretion | No — unless your contract specifies overtime rates |
| Tax treatment | Not taxable (it is leave, not pay) | Taxed as normal income |
| Expiry | Often 3–6 months (policy-dependent) | Paid immediately — no expiry |
Common TOIL Policies
| Policy Element | Typical Approach |
|---|---|
| Accrual rate | 1:1 (one hour off per hour worked) or 1.5:1 for weekend/holiday work |
| Approval required | Yes — must be agreed with manager before or shortly after the overtime |
| Expiry | 3–6 months from the date the TOIL was earned |
| Minimum unit | Half-day (some employers allow hourly use) |
| Maximum balance | Some employers cap TOIL at a set number of hours (e.g. 40 hours) |
| Notice period | Same as annual leave — typically 1–2 weeks for a full day |
TOIL and the Working Time Regulations 1998
The Working Time Regulations 1998 govern maximum weekly working hours (48 hours average) and rest breaks. TOIL can be used to compensate employees who opt out of the 48-hour limit, but the TOIL must be taken within the same reference period as the extra hours were worked.
TOIL does not override the Regulations’ requirements for daily and weekly rest periods. An employee cannot work excessive hours and then take TOIL to “cancel out” the breach — the rest requirements must be met in real time.
Frequently Asked Questions
Can my employer refuse my TOIL request?
Yes. TOIL requests follow the same approval process as annual leave. Your manager can refuse for operational reasons. However, if your employer has a TOIL policy that guarantees time off for overtime worked, refusal may breach the policy terms.
What happens to unused TOIL when I leave my job?
In the UK, accrued TOIL may be payable on termination depending on your employment contract. If the contract treats TOIL as a benefit that vests when earned, you may be entitled to payment for unused TOIL. If it is discretionary, it may not be payable. Check your contract or ask HR.
Can I use TOIL to reduce my notice period?
No. TOIL is leave — it does not count as working notice. If you are serving a notice period, you would need to take TOIL during that period, not instead of it.
Is TOIL the same as flexitime?
No. Flexitime is a flexible working arrangement where employees set their own start and finish times within agreed limits. TOIL is a specific block of time off earned by working extra hours. An employee can have both flexitime and TOIL.
Can my employer force me to take TOIL instead of paying overtime?
No, unless your employment contract or employer’s policy specifically states that overtime will be compensated as TOIL rather than pay. If your contract provides for overtime pay, the employer cannot unilaterally substitute TOIL.
Related Reading
- Annual Leave During Notice Period
- Can Your Employer Refuse Annual Leave?
- UK Right to Request Flexible Working
- Christmas Shutdown Annual Leave Process
- Leave Handover Checklist
Track TOIL Accrual and Usage Automatically
Leave Balance tracks TOIL hours as employees work overtime, applies your company’s accrual rules, and shows managers real-time TOIL balances — so employees never lose track of time they are owed.
