Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
Does an employer have to offer time off in lieu (“TOIL”)?
As a starting point, there is no statutory obligation to pay an employee for working above their contracted hours (i.e. overtime), provided that an employee’s average pay meets the national minimum wage or the national living wage in accordance with the National Minimum Wage Act 1998. Please note that the national living wage and national minimum wage rates increased on 1 April 2019.
If an employer requires, or may require, its employees to work beyond their contracted hours, it is prudent for this to be set out in employment contracts. Details of whether overtime is paid, and if so the rate of pay, or if employees can
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