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TOIL Agreement

1. Workers’ rights and protection under the Working Time Regulations (WTR),
National Minimum Wage Act (NMWA) and Health and Safety legislation must be
observed at all times.

2. Good time management and planning should normally remove the need for TOIL
in a ‘normal’ working week. That is, a worker who works their full contractual
hours for the week before the end of that week does not need to take TOIL for the
remainder of the week. Workers should, however, ensure that the allocation of
work time throughout the week is approved and agreed by their line manger and is
commensurate with service needs and JNC conditions of service.

3. Workers are responsible for ensuring they are sufficiently rested when they come
on duty so they do not jeopardise their own or young peoples’ welfare and safety.

4. No more than 8 evening sessions should be worked in a fortnight.

5. Where a worker is requested to work more than their contracted hours, for non-
residential activities, they should be compensated hour for hour with TOIL to be
taken within one month of it being accrued.

6. For residential activities workers and managers should ensure they are in
compliance with the WTR and NMWA. TOIL should be calculated on the
following basis for both full and part time staff.
• The full time standard working week is divided into ten sessions.
• A residential comprises of a morning, afternoon, evening and overnight
session. Therefore a residential that starts at 6pm on Friday and finishes at
5pm on Sunday would accrue TOIL as follows: 1 evening and 1 Night
time session for Friday; 1 morning, afternoon, evening and night time
session for Saturday; 1 morning and afternoon session for Sunday, and a
residential that starts at 9am on Saturday morning and ends at lunchtime
on Sunday would accrue TOIL as follows. 1 morning, afternoon and night-
time session for Saturday; 1 morning session time for Sunday.
• Mangers and workers must ensure that Health and Safety risk assessments
have been carried out which include the need for adequate staffing levels.

7. Residential work should not be initiated arranged or planned without the


approval of the relevant Youth Officer who will consider with the worker the
appropriateness and relevance of the work and its implications to day to day service
operation. Whilst workers will be expected to manage the balance between residential
work and the day to day operation of the project the Youth Officer will hold final
approval for the initiation of any residential work.

8. This agreement can be reviewed at any time.


9. This is an interim agreement, when there are national guidelines on TOIL in the
JNC Report these will take precedent.