Anaya Nolan
In the UK, there is no legal obligation for employers to pay workers for overtime, but they must ensure that the average pay for the total hours worked does not fall below the National Minimum Wage. Overtime refers to any hours worked outside of an employee's contracted hours, and whether or not an employer will pay overtime is set out in the contract of employment. Employees cannot be forced to work more than 48 hours per week on average, and those under 18 cannot work more than 40 hours in a week or 8 hours in a day. If an employee works overtime and is not paid, they can claim the pay they are owed by first discussing the issue with their employer or HR department and then making a formal complaint if necessary.
| Characteristics | Values |
|---|---|
| Legal obligation to pay overtime | No, but the average pay for the total hours worked must not fall below the National Minimum Wage |
| Maximum working hours per week | 48, unless the employee voluntarily chooses to opt out of this limit |
| Maximum working hours per week for employees under 18 | 40 |
| Maximum working hours per day for employees under 18 | 8 |
| Days off | All workers over 18 are entitled to one day off a week or two days off a fortnight |
| Rest break | Adult workers are entitled to a 20-minute break if they work more than six hours at a time |
| Overtime in employment contract | Employers must clearly define overtime in the contract's main terms and conditions |
| Overtime pay in the UK | No minimum statutory levels of overtime pay |
| Overtime types | Voluntary and compulsory |
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What You'll Learn
Overtime pay is not legally required in the UK
In the UK, there is no statutory requirement for employees to work overtime, just as there is no statutory requirement for employers to offer additional hours. Employees cannot be forced to work overtime unless their contract specifically includes an agreement to work overtime hours. If an employee's contract does not mention overtime, they cannot work more than the 48-hour working week established in the Working Time Regulations 1998. Employees under 18 cannot work more than 40 hours in a week or 8 hours in a day.
If an employee works overtime and has not been paid, they can claim the pay they are owed. The first step is to raise the issue with their employer or HR department. If this does not resolve the issue, the next step is to use the company's grievance policy to make a formal complaint. If this still does not work, employees can take their claim to the Employment Tribunal as a last resort.
Overtime pay is not legally required, but employers can choose to offer it. Employers who do not pay overtime must still ensure that their employees' average pay does not fall below the National Minimum Wage.
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Employees must be paid at least the National Minimum Wage
There is no legal obligation for employers to pay their employees for working extra hours in the UK. However, it is a legal requirement to ensure that the average pay for the total hours worked does not fall below the National Minimum Wage. The National Minimum Wage Act 1998 outlines the minimum pay per hour that almost all workers are entitled to. The National Living Wage, which is higher than the National Minimum Wage, applies to workers aged 21 and over.
The minimum wage a worker should receive depends on their age and whether they are an apprentice. An apprentice aged 21 or over, who has completed the first year of their apprenticeship, is entitled to a minimum hourly rate of £12.21. An apprentice aged 21 in their first year of apprenticeship should expect a minimum hourly rate of £7.55.
Employees who are paid close to the National Minimum Wage or National Living Wage threshold should be aware that their minimum hourly rate applies regardless of whether they are working overtime or not. Employers must pay at least the minimum hourly rate for all work hours. If an employee's hourly rate falls below the national minimum wage due to unpaid overtime, this is illegal.
Employment contracts should include details of any overtime pay rates and calculations to avoid confusion and legal issues. While there is no statutory overtime amount, overtime rates are determined by the company and industry.
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Employees can refuse to work overtime
In the UK, there is no statutory requirement for employees to work overtime. Employees can refuse to work overtime unless their contract specifically includes an agreement to work overtime hours. If there is nothing in an employee's contract about overtime hours, they cannot be forced to work more than the 48-hour working week established in the Working Time Regulations 1998. Employees can agree to work longer, but there must be a signed written agreement indicating their voluntary consent to exceed the 48-hour average.
For employees under 18, they cannot work more than 40 hours in a week or 8 hours in a day. If an employee is paid close to the National Minimum Wage or National Living Wage, they must still be paid at least this amount per hour, regardless of whether they are working overtime. If an employee's pay falls below this threshold due to unpaid overtime, their employer may be violating the law.
If an employee is not being paid for overtime, they can first try to resolve the issue by raising it with their employer or HR department. If this does not work, they can use the company's grievance policy to make a formal complaint and seek advice from Acas if needed. As a last resort, they can take their claim to the Employment Tribunal.
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Part-time workers should be treated the same as full-time workers
In the UK, there is no statutory requirement for employees to work overtime, and likewise, there is no obligation for employers to offer or pay for overtime. Overtime usually refers to any time worked beyond normal working hours, which are fixed by an employment contract. While there is no legal requirement to pay employees for working extra hours, the average pay for the total hours worked must not fall below the National Minimum Wage.
Part-time workers have the right to equal pay, including expenses, bonuses, and performance-related pay. If a part-time worker works longer than a full-time worker, they may not get overtime pay until they have worked over the normal hours of a full-time worker. In some cases, employers do not have to treat part-time workers the same way as full-time employees, but they must be able to show a good reason for this, called 'objective justification'. For instance, an employer may provide health insurance for full-time employees but not part-time workers if the costs involved are disproportionate to the benefits.
If a part-time worker believes they are being treated less favourably than a full-time worker, they should first discuss this with their employer or trade union representative. They have the right to receive a written statement of reasons for the treatment from their employer within 21 days. If the worker is not satisfied that the reason given was justified, they may be able to take the case to an employment tribunal.
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Employees can claim unpaid overtime pay
In the UK, there is no legal obligation for employers to pay their employees for working extra hours. However, employees can claim up to two years of unpaid overtime if their employer has continuously avoided paying them for overtime. The first step is to raise the issue directly with the employer or the HR department. If this does not resolve the issue, the next step is to file a formal grievance. This involves collecting all relevant evidence, including the hours worked and any communication from the employer asking the employee to work outside their contracted hours. While filing a grievance, the employee should give a detailed account of the unpaid overtime and accompany it with relevant evidence to support their claim. If this still does not resolve the issue, the employee can seek advice from advisory agencies such as ACAS (Advisory, Conciliation, and Arbitration Service) and even take their claim to the Employment Tribunal as a last resort.
It is important to note that employees cannot be forced to work more than an average of 48 hours per week, as stated in the Working Time Regulations 1998. Employees under 18 cannot work more than 40 hours in a week or 8 hours in a day. Additionally, the National Minimum Wage Act ensures that workers receive fair pay, regardless of the number of hours worked. If an employee's total pay, including overtime, falls below the National Minimum Wage, the employer is in breach of the law. Therefore, employees have the right to claim the pay they are owed for their overtime work.
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Frequently asked questions
No, there is no statutory requirement for a UK employee to work overtime. Similarly, there is no statutory requirement for an employer to offer additional hours or pay for overtime worked.
Employees under 18 cannot work more than 40 hours in a week or 8 hours in a day. For other employees, the maximum is 48 hours per week unless they voluntarily choose to opt out of this limit.
Your employer must pay you the national minimum wage for all your work hours. If your pay falls below this, you are within your rights to claim the pay you are owed.
First, start by having an informal discussion with your employer or HR department to alert them to the issue. If this does not resolve the issue, the next step is to use the company's grievance policy to make a formal complaint. If this still does not work, you can take a claim to the Employment Tribunal as a last resort.
Yes, UK overtime laws recognise two types of overtime: voluntary and compulsory. Voluntary overtime means that employees don't have to accept the offer to work extra hours, and employers don't have to make this offer. Compulsory overtime comes in two forms: guaranteed and non-guaranteed. Guaranteed compulsory overtime is when an employer is bound by contract to offer overtime, and employees cannot refuse it. Non-guaranteed compulsory overtime means employers might ask their employees to work overtime, but there is no contractual obligation.
