Request fir information regarding Time Off In Lieu (TOIL)

Summary

Prospect Trade Union requested data on Time Off In Lieu (TOIL) policies and balances for the Department for Enterprise. The authority disclosed employee counts, TOIL balances, approval processes, and financial equivalents, but withheld net savings data as it required new analysis.

Key Facts

• The Department for Enterprise employs 172 full-time and 20 part-time staff.
• A negotiated TOIL policy exists specifically for the Isle of Man Ship Registry, while general civil service terms apply to others.
• As of October 13, 2020, 19 employees held a TOIL balance totaling 1,499 hours.
• TOIL hours are recorded on in-house sheets and approved by line managers, with an average accrual-to-takeback period of 12 months.
• The financial equivalent of owed TOIL hours is £46,827 at flat rate and £70,240 at overtime rates.

Data Disclosed

• 172
• 20
• 19
• 1,499
• 12 Months
• £46,827
• £70,240
• 2020-09-16
• 2020-10-13
• 1st of April 2016

Exemptions Cited

• Information not held and would require derivation, excluded from the FoI Act

Original Request

My name is and I am the Full Time Negotiations Officer for Prospect Trade Union, I am writing to you with regards to a Freedom of Information Request under the Freedom of Information Act 2015. I am specifically requesting ; 1) How many full time employees are employed by the department? 2} How many part time employees are employed by the department? 3) Does the department have a negotiated and agreed policy relating to TOIL? 4) How many employees have a TOIL balance? 5) How are these hours approved and recorded? 6) What is the average length of time between TOIL hours being accrued and those hours being taken back? 7) What is the total amount of TOIL hours owed to all employees in the department? 8) What is the financial equivalent cost of the TOIL hours owed at a) flat rate and b) at the equivalent overtime rates? 9) What is the net saving to the Department by employees accruing TOIL as opposed to working and being paid overtime? I would be grateful if you could send the information to;

Data Tables (1)

Full Response Text

Our response to your request is as follows: 1) How many full time employees are employed by the department? There are 172 full time employees employed by the Department for Enterprise. 2) How many part time employees are employed by the department? There are 20 part time employees employed by the Department for Enterprise. 3) Does the department have a negotiated and agreed policy relating to TOIL? Yes, specifically in relation to the Isle of Man Ship Registry. I can however advise you that the use of TOIL is permitted within the Department in accordance with the terms and conditions of employment that apply to civil servants as follows - For those officers who were employed (and remain employed) prior to the 1st of April 2016 the following terms apply – C29 –Alternative to payment by the hour (time off in lieu):- https://hr.gov.im/terms- conditions-for-employees/civil-service/section-c-payovertime-and- pensions/overtime/ For those officers who were employed from 1st of April 2016 the following terms apply – 3.8 Time off in lieu:- https://hr.gov.im/terms-conditions-for- employees/new-terms-ntnsp/section-3- pay/time-off-in-lieu/) 4) How many employees have a TOIL balance? As of 13th October 2020, 19 employees have a current TOIL balance. 5) How are these hours approved and recorded? Hours are recorded and approved on an in-house records sheet which is approved at regular intervals by the employee’s Line Manager.

6) What is the average length of time between TOIL hours being accrued and those hours being taken back? 12 Months (Under the terms of the scheme TOIL is not time bound in terms of it being lost if not taken in a prescribed time frame). 7) What is the total amount of TOIL hours owed to all employees in the department? The total amount of TOIL hours owed as at 13th October 2020 is 1,499 hours. 8) What is the financial equivalent cost of the TOIL hours owed at a) flat rate and b) at the equivalent overtime rates? a) £46,827 b) £70,240 9) What is the net saving to the Department by employees accruing TOIL as opposed to working and being paid overtime? This information is not held and would require the Department to derive such information, an action which is excluded from the FoI Act. Please quote the reference number 1474406 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely