Request for information regarding Time Off In Lieu (TOIL)

Summary

A request was made to the Isle of Man Department of Health and Social Care for data on employee numbers and Time Off In Lieu (TOIL) policies and balances. The authority disclosed full-time and part-time employee counts and the TOIL policy but refused to provide specific data on TOIL balances and accrual times due to the cost of collating information.

Key Facts

• As of 31st March 2020, the Department employed 1,951 full-time staff.
• As of 31st March 2020, the Department employed 848 part-time staff.
• The Department has a negotiated and agreed TOIL policy which was attached to the response.
• Information on the number of employees with a TOIL balance was withheld.
• Information on the average time between TOIL accrual and usage was withheld.

Data Disclosed

• 1,951
• 848
• 31st March 2020
• 1st April 2020
• 16th September 2020
• 28th October 2020

Exemptions Cited

• Section 8(3) of the Freedom of Information Act (cost of creating or deriving information)
• Section 11(3)(b) of the Freedom of Information Act (things a public authority is not required to do)

Original Request

Question 1 How many full time employees are employed by the department? Question 2 How many part time employees are employed by the department? Question 3 Does the department have a negotiated and agreed policy relating to TOIL? Question 4 How many employees have a TOIL balance? Question 5 How are these hours approved and recorded? Question 6 What is the average length of time between TOIL hours being accrued and those hours being taken back? Question 7 What is the total amount of TOIL hours owed to all employees in the department? Question 8 What is the financial equivalent cost of the TOIL hours owed at a) flat rate and b) at the equivalent overtime rates? Question 9 What is the net saving to the Department by employees accruing TOIL as opposed to working and being paid overtime? Clarification sought: It would be helpful to know the date you require the figures for e.g. as at the 1st July 2020? Also regarding Question 9 what period of time are you looking for these figures to cover? Clarification received: I would ask for all calculations to cover the period up to and including 1st April 2020 (or later if possible - please indicate where appropriate you have calculated up to when responding). With reference to Question 9 this is open ended as some Departments seem to have TOIL balances going back some considerable time. However, I acknowledge this may be difficult to assess and would ask for as much information to be included as possible indicating the periods you are able to provide information for. In the first instance I am trying to obtain a picture of how much TOIL has been accrued and over what sort of period any balance has been accumulated and untaken.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Interim Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA

Tel: (01624) 642621 Email: dhsc@foi.gov.im Website: www.gov.im/dhsc Our ref: 1474408 28th October 2020

Dear ###

We write further to your request which was received on the 16th September 2020 and states:

"Question 1 How many full time employees are employed by the department? Question 2 How many part time employees are employed by the department? Question 3 Does the department have a negotiated and agreed policy relating to TOIL? Question 4 How many employees have a TOIL balance? Question 5 How are these hours approved and recorded? Question 6 What is the average length of time between TOIL hours being accrued and those hours being taken back? Question 7 What is the total amount of TOIL hours owed to all employees in the department? Question 8 What is the financial equivalent cost of the TOIL hours owed at a) flat rate and b) at the equivalent overtime rates? Question 9 What is the net saving to the Department by employees accruing TOIL as opposed to working and being paid overtime?

Clarification sought: It would be helpful to know the date you require the figures for e.g. as at the 1st July 2020? Also regarding Question 9 what period of time are you looking for these figures to cover? Clarification received: I would ask for all calculations to cover the period up to and including 1st April 2020 (or later if possible - please indicate where appropriate you have calculated up to when responding). With reference to Question 9 this is open ended as some Departments seem to have TOIL balances going back some considerable time. However, I acknowledge this may be difficult to assess and would ask for as much information to be included as possible indicating the periods you are able to provide information for. In the first instance I am trying to obtain a picture of how much TOIL has been accrued and over what sort of period any balance has been accumulated and untaken." Our Response: While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested. The statutory exemption sections are shown as part of the corresponding answers below. Question 1: How many full time employees are employed by the department? As at 31st of March 2020 the Department of Health & Social Care (the Department) had 1,951 full time employees Question 2 How many part time employees are employed by the department? As at 31st of March 2020 the Department of Health & Social Care had 848 part time employees. Question 3 Does the department have a negotiated and agreed policy relating to TOIL(Time off in lieu)? Please find attached the Department’s current TOIL procedure. Question 4 How many employees have a TOIL balance? Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not

required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This information would need to be collated from records held by individual line managers. Question 5 How are these hours approved and recorded? The hours are approved and recorded by local management per the policy referred to in Question 3. Question 6 What is the average length of time between TOIL hours being accrued and those hours being taken back? Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This information would need to be collated from records held by individual line managers. Question 7 What is the total amount of TOIL hours owed to all employees in the department? Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This information would need to be collated from records held by individual line managers. Question 8 What is the financial equivalent cost of the TOIL hours owed at a) flat rate and b) at the equivalent overtime rates? Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This information would need to be collated from records held by individual line managers.

Question 9 What is the net saving to the Department by employees accruing TOIL as opposed to working and being paid overtime? Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This information would need to be collated from records held by individual line managers.

Please quote the reference number 1474408 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

Department of Health

PROCEDURE FOR APPLYING FOR TIME OFF IN LIEU

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CONTENTS

SECTION PAGE NO.

1 Scope 3

2 Principles 3

3 Procedure 3

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1. Scope

1.1 The following procedures apply to all staff employed within the Department of Health, where there are no entitlements within their appropriate terms and conditions of service.

1. Principles

2.0 Time off in lieu may be requested by the employee as an alternative to payment, for any additional hours for which the employee is contracted. The time worked must be with prior arrangement with the line manager where practical and must fall outside the scope any flexitime scheme where in use and applicable.

2.1 Time off in lieu should ideally be taken as soon as possible after the time worked. Any leave requested must be agreed with the line manager taking into consideration the operational requirements of the section. Where there is no maximum time limit specified within the terms and conditions the amount of time that can be accrued should be no more than the equivalent of 2 working days and should be taken within the following 4 week period.

2.2 Where it is not possible to have taken the time within the 4 week period any time off in lieu to a maximum of 2 days can be accrued and carried forward to the next 4 week period. In exceptional circumstances, any credit exceeding 2 days may be carried forward at the discretion of management. Otherwise, any time off in lieu should be converted to paid overtime at the appropriate rate.

2.3 Where staff are required to work overtime on a weekend or on a Public/Bank Holiday, they should be paid according to their relevant terms and conditions of service, at the appropriate rates. Any time off in lieu granted should be as per the terms and conditions of service for the employee.

2.4 Where an employee regularly accruing time off in lieu it is the managers responsibility to review the appropriateness of the workload.

1. Procedure 3.1 Any request for time off in lieu should be submitted using the same procedure as would be used for requesting annual leave. The submission should be clearly marked TOIL, and should be signed off by the line manager.

3.2 Recording of TOIL should be incorporated into the timesheet showing when the extra hours were worked and when the TOIL was taken, clearly identifying it as TOIL so that there is a distinct differentiation from overtime.
This should be authorised by the manager at the end of the recording period.

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The information in this document can be provided in large print or audio tape on request.

Department of Health Crookall House Demesne Road Douglas Isle of Man, IM1 3QA Telephone: 01624 642608 Website: www.gov.im/health