Does an employer have to offer time off in lieu (“TOIL”)?

Posted in : First Tuesday Q&A NI on 2 April 2019
Arthur Cox
Arthur Cox
Issues covered:

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 have TOIL, should also be included. However, if employment contracts are

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Back to Q&A's This article is correct at 02/04/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email

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