NHS Unpaid Overtime and TOIL Claim Pack

A dated table of your extra hours with totals by type, an estimate of the gross value at the Handbook rates (using your own hourly rate), the evidence you hold and a check against the 37.5 hour rule.

OVERTIME AND TOIL LOG SUMMARY: Alex Reid
Radiographer, Band 5, Example NHS Foundation Trust. Prepared 14 October 2026.

[This is for your own use and to enclose with your claim. It is only as good as the records behind it. Check each row against your rota, timesheets and payslips before you send it. The figures are your own estimate: payroll must confirm them.]

1. Totals
- Overtime not paid: 5.5 hours.
- Public holiday overtime not paid: 7.5 hours.
- Time off in lieu still owed: 4 hours, of which 4 hours are more than three months old.
- Period covered: 6 May 2026 to 31 August 2026.
- Contracted hours: 37.5.

2. Estimated value (your own estimate; payroll to confirm)
- Basic hourly rate used: £20.00 [check this against your payslip and the Handbook, 3.2].
- Unpaid overtime at time-and-a-half (3.1): 5.5 hours = £165.00 gross.
- Unpaid public holiday overtime at double time (3.1): 7.5 hours = £300.00 gross.
- Time off in lieu older than three months, if it cannot be taken and is paid at the overtime rate (3.5): 4 hours = £120.00 gross.
- These are gross amounts before tax, National Insurance and pension. Part-paid hours and unsocial hours enhancements are not included.

3. The log
| Date | Hours | Type | Status | Note |
| 6 May 2026 | 3 | Overtime (time-and-a-half) | Not paid | Late emergency list, agreed by the manager on the day |
| 20 May 2026 | 2.5 | Overtime (time-and-a-half) | Not paid | Stayed to cover a sick colleague |
| 3 June 2026 | 4 | Banked as time off in lieu | Time off still owed | Asked for time off in lieu; not yet given |
| 31 August 2026 | 7.5 | Overtime on a public holiday (double time) | Not paid | Bank holiday cover |

4. Evidence I hold
- [have] Rota or e-roster entries
- [have] Timesheets or claim forms
- [not yet] Emails or messages agreeing the extra hours
- [have] Payslips
- [not yet] My own diary or log
- [not yet] The trust's overtime or TOIL policy
- [not yet] My contract or written statement

5. Before you send it
- Check the 37.5 hour weekly line: overtime is hours above 37.5 in the week, so a single long day may not be overtime if the week is under 37.5 (Handbook 3.1). Part-time staff are paid additional hours at plain time until they exceed 37.5 (3.3).
- Do not count the same hours as both overtime and unsocial hours: payments are not stacked and unsocial hours are not included in the overtime calculation (Handbook 2.12, 2.15, England).
- Keep the originals. Send copies.

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

A letter claiming payment or time off in lieu for the hours in your log, citing the Handbook paragraphs for the types you ticked, saying how the hours were agreed and asking for a written reply by a date.

[Your address]
[Your email address and phone number]

14 October 2026

Department Manager
Example NHS Foundation Trust

Dear Department Manager,

Subject: Claim for extra hours - Alex Reid, Radiographer, Band 5

I am writing to ask for payment, or time off in lieu, for extra hours I have worked, and for the Handbook entitlements that I believe apply. I would like to resolve this informally if I can.

The hours are set out in the enclosed log, which covers 6 May 2026 to 31 August 2026. In summary:
- Overtime not paid: 5.5 hours.
- Public holiday overtime not paid: 7.5 hours.
- Time off in lieu still owed: 4 hours, of which 4 hours are more than three months old.

The provisions I am relying on are:
- Overtime: The NHS Terms and Conditions of Service Handbook (Section 3, paragraph 3.1) says overtime is hours worked in excess of 37.5 per week, paid at time-and-a-half, or double time on general public holidays, for staff in bands 1 to 7. Paragraph 3.2 bases it on basic pay plus any long-term recruitment and retention premia, and 3.4 applies the rates unless time off in lieu is taken, provided the work was agreed as overtime.
- Time off in lieu: The Handbook (3.5 and 3.7) says staff may request TOIL as an alternative to overtime payment, at plain time rates, and that staff who, for operational reasons, are unable to take it within three months must be paid at the overtime rate.
- Public holidays: The Handbook (13.4) says staff required to work or be on call on a general public holiday are entitled to equivalent time off in lieu at plain time rates, in addition to the appropriate payment for the duties.

These extra hours were agreed with [my line manager / team leader] in conversation, on the dates in the log. I can note the date and what was said for each if that helps.

My own estimate of the gross sum for the unpaid overtime is £465.00, using a basic hourly rate of £20.00. I would be grateful if payroll would check this and tell me if it differs, and why.

For the time off in lieu I was unable to take within three months, I ask that it is paid at the overtime rate in line with Handbook paragraph 3.5. [Say why you could not take it: for example, the rota did not allow it, or leave requests were refused for operational reasons.]

I would be grateful if you would:
- confirm in writing which of the hours in the log you accept, and which you do not, with your reasons;
- pay what is due, or arrange the time off in lieu, by [date, for example the next payroll cut-off], and tell me the date you expect payment to appear;
- show me how the payment has been calculated, or how any time off has been worked out;
- tell me how extra hours should be agreed and recorded in future, so we do not end up here again; and
- tell me who to speak to if you cannot help.

I would be glad to meet to go through the log. I may ask [name of your union representative] to come with me.

Thank you.

Yours sincerely,

Alex Reid
Radiographer, Band 5

[Enclosed: overtime and TOIL log summary (document 1)]
[cc: payroll / my trade union representative: delete if not needed]

[Delete before sending: ACAS and gov.uk say there is no automatic legal right to overtime pay, so the entitlement comes from your contract. Check whether your contract refers to the Handbook, and read your trust's overtime policy. ACAS suggests raising a pay problem informally first and confirming the conversation in writing. Keep a dated copy.]

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

A letter asking for your rota, timesheets, payslips, payroll's record of what it paid, your TOIL balance, the trust's policy and any record of the hours being agreed.

[Your address]
[Your email address and phone number]

14 October 2026

Department Manager
Example NHS Foundation Trust

Dear Department Manager,

Subject: Request for rota, pay and TOIL records - Alex Reid

I have raised a claim for extra hours worked between 6 May 2026 to 31 August 2026. To check the figures with you, I would be grateful for copies of the following, by [date]:

1. My rota or e-rostering records for that period, showing the hours I was rostered and the hours I worked.
2. My timesheets or time and attendance records, and any claim forms I or my manager submitted.
3. My payslips for that period, and a breakdown of any overtime, unsocial hours or on-call payments shown on them.
4. Payroll's record of the overtime and additional hours it has paid me, with the dates they relate to.
5. The balance of any time off in lieu recorded for me, with the dates the hours were worked and the dates any time off was taken.
6. The trust's policy on overtime, time off in lieu and how extra hours are agreed, recorded and claimed.
7. Any record of the extra hours being agreed or declined, including messages or emails between my manager and me.
8. [If you are claiming unsocial hours or on-call payments:] the basis on which these were calculated for me, and the local agreement on on-call payments.

If any of this cannot be provided, please tell me why and when I can expect it.

Yours sincerely,

Alex Reid

[cc: my trade union representative: delete if not needed]

[Delete before sending: this is an ordinary request to your manager and payroll for records about your own pay. Your own personal data can also be requested under a subject access request, which has its own time limit; our Subject Access Request Pack helps with that. Keep a dated copy.]

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

A formal grievance letter that sets out the problem, what you have done so far, what you ask for and a request to be accompanied, with a note on the tribunal time limit and the two-year cap.

[Your address]
[Your email address and phone number]

14 October 2026

[Name or title of the person to receive grievances, as named in the trust's grievance policy]
Example NHS Foundation Trust

Dear [name],

Subject: Formal grievance - unpaid overtime and time off in lieu - Alex Reid, Radiographer, Band 5

I am raising a formal grievance under the trust's grievance policy about [unpaid overtime / time off in lieu not given / payments missing from my pay].

The problem
- Overtime not paid: 5.5 hours.
- Public holiday overtime not paid: 7.5 hours.
- Time off in lieu still owed: 4 hours, of which 4 hours are more than three months old.
- Period: 6 May 2026 to 31 August 2026. The log is enclosed.
- These extra hours were agreed with [my line manager / team leader] in conversation, on the dates in the log. I can note the date and what was said for each if that helps.

What I have done so far
- On 16 October 2026 I wrote to [my line manager / payroll] with a claim and the log.
- On [date] I received [no reply / a refusal / a part payment].
- [Any conversations, with dates.]

What I am asking for
- payment of the sums due, or the time off in lieu, with a written explanation of how they are calculated;
- a written explanation of any hours that are not accepted, and the basis for that decision;
- confirmation of how extra hours will be agreed and recorded in future; and
- [anything else: for example, a correction of the TOIL balance].

I would like to discuss this at a meeting and to be accompanied by Dana Reid. Please acknowledge this grievance, tell me who will hear it, and give me the date by which I should expect an outcome.

[Optional: I understand that, if this cannot be resolved here, one route open to me is a claim for unlawful deductions from wages. I would much prefer to resolve this within the trust. Delete this paragraph if you do not want to say it yet.]

Yours sincerely,

Alex Reid

[Enclosed: overtime and TOIL log summary (document 1); my earlier claim and any reply]

[Delete before sending: ACAS says to raise a pay problem informally first and, if that does not resolve it, to raise a formal grievance. A grievance does not pause an employment tribunal time limit. For unlawful deductions from wages the tribunal limit is six months for wages paid on or after 1 October 2026, counted from the payday, or the last in a series of short payments, and a tribunal cannot consider wages paid more than two years before the claim is presented. Notifying ACAS for early conciliation inside the limit pauses the clock. A guide for most claims only: some claims have different limits and how the date is counted depends on the claim. Notifying ACAS for early conciliation inside the limit pauses the clock, but a grievance, disciplinary process or appeal does not. Check with ACAS, your union or a legal adviser.]

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

Four short letters: a chaser, a request for reasons after a refusal or part payment, a request to pay TOIL older than three months, and a reply when the hours were not agreed as overtime.

FOLLOW-UP LETTERS: 14 October 2026

Which one: Keep these for after you have sent your claim. Letter A is the first you may need.

========== LETTER A: chaser (no reply) ==========
[Your address]

14 October 2026

Department Manager
Example NHS Foundation Trust

Dear Department Manager,

Subject: My claim for extra hours of 16 October 2026 - Alex Reid

I wrote on 16 October 2026 with a claim for extra hours and a log. I have not yet received [a reply / a date for payment].

Please can you tell me by [date]:
- that you have my claim, and who is dealing with it;
- whether the hours in the log are accepted; and
- when payment, or the time off in lieu, will be made.

[Optional: Your trust's overtime policy may say how quickly claims are dealt with. If it does, quote it here.]

Yours sincerely,
Alex Reid

========== LETTER B: after a refusal or a part payment ==========
[Your address]

14 October 2026

Department Manager
Example NHS Foundation Trust

Dear Department Manager,

Subject: Request for reasons - extra hours claim - Alex Reid

On [date] I was told [the claim was refused / only part would be paid / nothing could be done].

I would be grateful if you would give me, in writing:
- the reasons for the decision on each part of my claim;
- which hours are accepted and which are not, with the reason for each;
- the calculation of anything that was paid; and
- who made the decision, and how I can ask for it to be reviewed.

I ask that the decision is reconsidered in the light of [the log / the messages agreeing the hours / the points above], by [a more senior manager / payroll lead / HR].

[If this is not resolved, I may raise a formal grievance. Delete this line if you do not want to say so yet.]

Yours sincerely,
Alex Reid

========== LETTER C: time off in lieu not taken within three months ==========
[Your address]

14 October 2026

Department Manager
Example NHS Foundation Trust

Dear Department Manager,

Subject: Time off in lieu older than three months - Alex Reid

My records show 4 hours of time off in lieu that I was not able to take within three months of working the hours. [The rota did not allow it / my leave requests were declined for operational reasons: say what applies.]

Paragraph 3.5 of the Handbook says staff who, for operational reasons, are unable to take time off in lieu within three months must be paid at the overtime rate. Please can you either arrange for the time off to be taken by [date], or tell me when it will be paid at the overtime rate and how it has been calculated.

[Delete before sending: the Handbook does not say when the three months start. Our log counts from the day the hours were worked, which is the simplest reading. Ask your trust how it counts, and say if it was for operational reasons that you could not take the time.]

Yours sincerely,
Alex Reid

========== LETTER D: when the hours were not agreed as overtime ==========
[Your address]

14 October 2026

Department Manager
Example NHS Foundation Trust

Dear Department Manager,

Subject: Extra hours not agreed as overtime - Alex Reid

Thank you for your reply of [date]. I understand the hours were not agreed in advance as overtime.

The Handbook (3.4) ties the overtime rates to the line manager or team leader having agreed the work. I would be grateful if you would tell me:
- whether the hours were in fact required by the service on the dates in the log, and who required them;
- whether they can be agreed retrospectively, and if not, why not; and
- if they cannot be paid, whether the time can be given as time off in lieu.

[Optional: I have asked in the past about how I should record and agree extra hours on (date), and the reply was ...]

Yours sincerely,
Alex Reid

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

What to bring, what to say, questions to ask, how to respond if the hours are said to be unauthorised, and a same-day email to confirm what was agreed.

FIRST CONVERSATION: PROMPTS (14 October 2026)

[ACAS suggests raising a pay problem informally first, which gives your employer a chance to put it right, and then confirming what was said in writing. These are prompts for that conversation. Only say what is true.]

1. Before you start
- Print the log (document 1) and your rota or timesheets for the same dates.
- Ask for a short meeting rather than catching someone mid-shift.
- Decide what you want: payment, time off in lieu, or both. Your claim is Overtime not paid: 5.5 hours. Public holiday overtime not paid: 7.5 hours. Time off in lieu still owed: 4 hours, of which 4 hours are more than three months old.

2. What to say
Thank you for seeing me. I have noticed that some of my extra hours have not been paid or given back as time off. I have kept a record of 4 entries between 6 May 2026 to 31 August 2026. Could we go through it together and agree what is owed?

3. Questions to ask
- Are these hours accepted? If any are not, which and why?
- How are extra hours meant to be agreed and recorded on this ward or team?
- Who signs them off, and when is the cut-off for payroll?
- If they cannot be paid, can they be given as time off in lieu, and when?
- What is the date by which I will hear?

4. If they say the hours were not authorised
- Ask who needed the cover, and whether the service could have run without it.
- Ask whether they can be agreed retrospectively.
- Do not argue the law in the room. Ask for the answer in writing.

5. Straight after
- Send a short email the same day: 'Thank you for meeting me today. As I understand it, we agreed ... I will hear by ...'.
- Note the date, who was there and what was said.
- Put the date you expect an answer in your diary.

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]