Request for information regarding Time Off In Lieu (TOIL)

Summary

A request was made to the Department of Home Affairs for data on employee numbers and Time Off In Lieu (TOIL) policies, balances, and costs. The authority disclosed staff counts and TOIL balances for specific divisions but withheld information on approval processes, average accrual times, and financial equivalents as it was not held or required derivation.

Key Facts

• The Department of Home Affairs employs 224 full-time and 12 part-time staff.
• TOIL policies are set by individual divisions in line with pay group terms and conditions.
• The Prison & Probation Service reported that all staff have a TOIL balance.
• Information on how TOIL hours are approved and recorded is not held by the department.
• Financial cost calculations for TOIL hours were refused as they would require deriving new information.

Data Disclosed

• 224
• 12
• 25
• 45
• 2,242
• 1,834.5
• 1,300
• 2020-09-16
• 2020-10-01
• 01/04/2020

Exemptions Cited

• Information not held
• Derivation of information excluded from the FoI Act
• Department not authorised to provide information held on behalf of the police force

Original Request

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?

Data Tables (2)

Full Response Text

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694313 Fax: (01624) 621298 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 1474605 1 October 2020

Dear ###

We write further to your request which was received on 16 September 2020.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. Please note that under section 6 of Schedule 1 to the Freedom of Information Act, the Department of Home Affairs is not authorised to provide information held on behalf of the police force and you are advised to submit a separate request to the Constabulary for any information they may hold in relation to this matter. I have detailed below the information that is held.

1) How many full time employees are employed by the department?
224 2) How many part time employees are employed by the department?
12 3) Does the department have a negotiated and agreed policy relating to TOIL?
Set by the Divisions in line with the terms and conditions for each pay group 4) How many employees have a TOIL balance? For the purposes of this answer, TOIL has been defined as ‘Time Owed in Lieu, Time Off in Lieu or Time in Lieu’ and has been taken to refer specifically to roles where employees have a contractual agreement to receive compensatory time off in exchange for working overtime.
This answer does not include those PSC staff who are eligible for flexi-time (‘flex’). Division No. Civil Defence 0 Communications 25 Chief Executive’s Division 0 IOM Fire & Rescue Service 45 Prison & Probation Service All staff

5) How are these hours approved and recorded? This information is not held. 6) What is the average length of time between TOIL hours being accrued and those hours being taken back? This information is not held. 7) What is the total amount of TOIL hours owed to all employees in the department? Division No. Civil Defence N/A Communications (01/04/2020) 2,242 Chief Executive’s Division N/A IOM Fire & Rescue Service 1,834.5 Prison & Probation Service 1,300 8) What is the financial equivalent cost of the TOIL hours owed at a) flat rate and b) at the equivalent overtime rates? This information is not held and would require the Department to derive such information, an action which is excluded from the FoI Act. 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.

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. Please quote the reference number 1474605 in any future communications. 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