Gross misconduct and TOIL owed

[MadeForThis]

Hi

My Dsis has been sacked for gross misconduct. I know she is owed any accrued holidays based on the basic minimum legally allowed.

What I can't find information about is whether she should be paid for at TOIL accrued. She worked in retail and accrued quite a few hours of toil. Over 10 hours. At the final disciplinary meeting they sacked her and told her she would not be paid for any TOIL. Is this legal?

I suspect if she was sacked for gross misconduct then she'll not be entitled to anything?

No, TOIL is not owed under gross misconduct, neither is any notice period

you are correct she is entitled to any holiday owed up to the date of dismissal

Even though she worked those hours and was going to claim TOIL rather than wages?

I would try ACAS. Does she have a record or the TOIL owing at least?

She only lost the TOIL because she has done something amounting to gross misconduct. It’s her own fault. She gets holiday pay she has accrued. That’s it. She can’t use the toil as she doesn’t work there anymore.

Essentially all contractual benefits aren't owed by the business because the actions are considered to be so severe the contract has been broken by the employee. Which is why they don't owe notice or contractual annual leave above the stat minimum. TOIL is a contractual benefit and the contract has been broken.

Has she appealed the decision?

Well, she is getting time off in lieu it's just not being paid.

I mean, Im not sure, but I don't believe it's the case that TOIL is payable (unlike leave accrued) but it's got to be worth checking.

It seems unfair that if it was overtime she would have been paid. Or would that not have been payable either?

She isn't appealing the decision and is just going to move on. I just wasn't sure about the entitlement to TOIL.