Time Off in Lieu Procedure

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Time Off in Lieu Procedure

Procedure

Number: 109 Supersedes: Classification Employment

Version No

Date of

EqIA: Approved by: Date of

Approval:

Date made Active:

Review Date:

V3 W&OD Committee 15/03/2018 21/03/2018 15/03/2021

PPPAC – extended 29.10.2020 10.11.2020 31.7.2021

PODCC 19/08/2021 23/08/2021 31/03/2022

Brief Summary of

Document:

This procedure is intended to facilitate flexible time management whilst establishing an agreed procedure which deals effectively with time accrued

Scope: This procedure applies to all staff working under Agenda for Change Terms and Conditions of Service.

To be read in conjunction

with:

131 - Flexible working flexi time policies 201 – Disciplinary Procedure

Owning

Committee W&OD Committee Executive

Director: Lisa Gostling Job Title Director of W&OD

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Database No: 109 Page 2 of 6 Version 3.0 Time In Lieu Procedure

Reviews and updates Version

no:

Summary of Amendments: Date

Approved:

1 New procedure May 2012

2 Extended February 2015

3 Full review 15/03/2018

Glossary of terms

Term Definition

Keywords Time in Lieu

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CONTENTS

1. INTRODUCTION ... 4

2. SCOPE ... 4

3. AIM ... 4

4. OBJECTIVES ... 4

5. ACCRUAL OF TIME OWING... 4

6. RECORDING AND AUTHORISATION OF TIME OWING ... 4

7. CLAIMING BACK TIME OWING ... 4

8. MONITORING ... 5

9. TRAINING AND/OR AWARENESS RAISING ... 5

10. RECORDS MANAGEMENT ... 5

11. REVIEW ... 5

12. MONITORING ... 5

13. DISCIPLINE ... 5

14. APPENDIX 1 INDIVIDUAL TIME OWING RECORD ... 6

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The Health Board recognises that it may be necessary for staff to work above and beyond their contracted working hours to support service delivery objectives.

Where staff and their line manager or team leader have agreed to the extra hour’s work being performed outside their standard hours, it is important that extra hours are recorded and compensated. This policy must be applied consistently and fairly across the Health Board.

Time owing is time worked over an employee’s contracted hours which can be taken as time off in lieu, provided there has been prior agreement with their manager.

2. SCOPE

This procedure applies to all staff working under Agenda for Change Terms and Conditions of Service.

3. AIM

The purpose of this policy is to facilitate flexible time-management whilst establishing an agreed procedure which deals effectively with time accrued.

4. OBJECTIVES

This procedure will achieve consistent and fair practice in the application of time off in lieu.

5. ACCRUAL OF TIME OWING

The recognition of time worked over an employees’ contracted hours must be by agreement with line management and should only ever be in response to service delivery needs. The minimum time off in lieu that may be accrued is 15 minutes. There are many examples of where time owing should not be accrued. These guidelines do not seek to be exhaustive, however, lieu time should not be accrued:-

• where an employee arrives early or leaves late to miss traffic, or for any other reason to suit their own personal circumstances

• or employees choose not to take breaks,

• or as a result of poor time management

• or as a means of accruing extra leave

The requirements of the Working Time Regulations in relation to unpaid rest breaks must be observed as outlined in the Agenda for Change Terms and Conditions of Service and Working Time Regulations. It is recognised that in response to service delivery needs it may be necessary, on occasions, to work through breaks but this should only be done with the authority of the

appropriate line manager. Unpaid compensatory rest will be given in these circumstances.

6. RECORDING AND AUTHORISATION OF TIME OWING

All time owing worked and taken back must be recorded using the form in Appendix 1 and this is to be authorised by the appropriate manager on each occasion. When a manager is not present, another manager/supervisor must authorise any additional hours worked. It is important to ensure that the relevant documentation is completed and properly authorised. Failure to maintain full and proper records will result in time in lieu not being granted. Each individual member of staff is responsible for maintaining their own time in lieu record, which must then be held securely in their department.

7. CLAIMING BACK TIME OWING

Every effort will be made to accommodate staff requests for taking back time owing but ultimately this will depend on the needs of the service and the staffing arrangements at the time.

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Bank, agency or overtime must not be used to facilitate an individual to take back time owing.

All requests to take time owing back must be planned and authorised by the appropriate manager.

In managing their service, managers must enable employees who have accrued lieu time to take the time back as quickly as possible and within one month where possible. Where for service delivery reasons, it is not possible for the time to be taken back within one month, managers should work with their staff to plan when the lie time can be taken within 3 months of its accrual.

If time owing has been accrued by working a whole shift, then it is reasonable that this time is taken as a whole shift. However, occasions may occur in response to service delivery needs, where managers may request that staff take shorter periods of time off in lieu. Payment of time off in lieu (normally made after 3 months in accordance with Agenda for Change) will not be made where the Health Board has made a reasonable offer for the employee to take the time in lieu, which has been refused and the hours accrued will then be lost.

8. MONITORING

The operation of this policy will be implemented by managers of individual departments. It will be monitored and reviewed on a 3 yearly basis.

9. TRAINING AND/OR AWARENESS RAISING

All staff will be made aware of this procedure upon commencement with the Health Board at either the Health Board or the departmental induction. Copies can also be viewed on the Health Board’s Intranet or obtained via the HR department. Training will be provided as appropriate depending on the complexity of the policy. Training may be provided at HR training sessions which all staff will be informed of via internal communication channels or their line manager in advance or via newsletters.

10. RECORDS MANAGEMENT

All documents generated under this procedure, including applications, and formal notes and documents generated by managers and any review panel, are official records of the Health Board and will be managed and stored and utilised in accordance with the Health Board’s Records Management Policy.

11. REVIEW

This procedure will be reviewed in three years time. Earlier review may be required in response to exceptional circumstances, organisational change or relevant changes in legislation or guidance.

12. MONITORING

Details of grievance and disciplinary issues related to this procedure will be recorded in a database and reported on periodically to the Partnership Forum and the Executive Board. The database will include equality monitoring data, which will be reviewed and presented to the Health Board’s Equality and Human Rights Steering Group.

13. DISCIPLINE

Breaches of this procedure will be investigated and may result in the matter being treated as a disciplinary offence under the Health Board’s 201 - Disciplinary procedure.

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Name Hospital/Unit Accrued Hours

Date Reason

for accrual of time owing

Time period worked

Total Time

Authorised signature

Total time back and date

Running balance

Authorised signature

NB Authorisation may be by telephone or email but should be backed up by a signature at a later date. A copy of this sheet should be retained in the

employee’s personal file