Unpaid Overtime: Know Your Rights

Author: Emma Jones

Some jobs are more likely to include overtime than others and is counted as any work that goes beyond the contracted hours. Sometimes people like having the opportunity to do overtime work to boost their earnings but it can also be an unwelcome extra. If you are having to work overtime then your employer cannot make you work over 48 hours a week and must comply with whatever is written in your contract.

Overtime Pay

Unfortunately there is nothing to say that overtime hours have to be paid or if they are, at what rate. However, when you take into account your pay and the hours that you work, your hourly rate must not fall below national minimum wage. The same is true for working bank holidays or weekends. Although most employers will pay more when you work these days, there is no legal requirement to do so. If there is something written in your contract about being paid for your overtime hours then your employer must stick by it.

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Contracts

The contract that you sign when you join the company should include details of how your employer treats overtime so make sure you read it thoroughly when you join. You are bound to comply with the terms but then so is your employer and you can’t be forced to work beyond what it states. If it says that you will be paid for your overtime then you must be and even it if it says you must work overtime, they often can’t make you work over 48 hours per week unless you choose to.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Overtime & Time Off

Instead of paying for any overtime that you work, some employers will decide to give you time off in lieu instead. This is an agreement between you and you employer and while they may have regulations about it, it may also be decided on an individual basis. When calculating holiday entitlement or maternity leave, any overtime hours are not usually taken into account. It is taken into account though if you are required to work overtime and as part of your contract.

How Much Overtime?

Your contract of employment should lay out what you working hours and conditions are. If overtime is required as part of your role then it must state this in your contract and these terms must be complied with. Your employer generally can’t make you work more than 48 hours a week and sometimes this still applies even if you agreed to overtime in your contract. For those workers who want to work overtime to top up their pay cheque, their employers are not required to give it to them unless it is guaranteed in their contract.

Many jobs include overtime and although some of this is paid, a lot of it is not. Unfortunately, unless it says in your contract, then your employer is not legally required to pay you for overtime. Often they will but you must find out what there policy is. If you do work overtime then your average hourly rate must still not fall below minimum wage and your employer cannot make you work over 48 hours a week unless you choose to do so.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Workplace Rights Checker lets you tell us what is happening at work and find out which UK employment rights apply and what you can do. Try it now →

146 questions

Ask Welfare at Work a Question

ConcernedOne 22/06/2021 at 2:19 am

My dad works on a country estate that is short staffed. If he doesn’t work 12 hour days 7 days a week animals die and crops are wasted.
His manager, the land owner, won’t pay for the extra time and told previous staff “I didn’t ask you to do those extra hours, I said thank you what more do you want” despite knowing the consequences. Really old school lord of the manor.

Phil 14/05/2021 at 10:10 am

I worked overtime over a period of 2 days which was a total of 7 hours, my boss is refusing to pay me the overtime I worked.
Is he allowed to do that.

Deano 01/02/2021 at 10:06 pm

Hi I work a 4 on 4 off shift they changed the rotas for 2 weeks which fell on my 4 off weeks meaning instead of doing 33 hrs them weeks I was made to come in 2 days extra and do 40 hrs they are now saying that I'm not getting paid for it because my 4 on 4 off rota is worked out over a 16 weeks period and it ballances itself out. It will never work its self out and they are refusing to pay me the extra 11.30hrs I've done is there anything I can do or anywhere I can go to get help with this

MissCKitty 23/04/2019 at 12:49 pm

HI, I work for a very well known charity and feel that as paid staff we are taken advantage of. We work up to 9 hour day but actually only get paid for 7 hrs a day. We very rarely get the opportunity to take our lunch break due to lack of staffing or extreme workload. Managers are supposed to take the additional unpaid hours as time off in lieu however this happens very rarely. The kicker is that as assistants we don't get the extra time we work paid or have it given back in lieu like the managers do. Several conversations have been raised regarding this and the response is that's the way its always been. But there are shops who open lesser hours meaning there hours paid are correct so us stores opening longer are penalised. Is this legal?

Also there are regular occurrences of over time being paid incorrectly or not even paid at all!! What action can be taken as this is continuing to happen despite conversations with employer.

Voguegirl 11/04/2019 at 1:47 pm

Hi,
I wondered if I am allowed to claim overtime. I work till 5.00pm and am only paid till 5.00pm. However the other day me and my colleague ended up waiting 10 minutes as we did not know whether our colleagues were coming down or not to go home. They hadnt told us and we all normally leave together at 5.00pm. Thye hadnt told us they were stopping late or that they had a presentation to go to. I was most annoyed.

Caz 05/04/2019 at 10:16 pm

Ive just started work 4 on 4 off and a week in hand so at the end of the second week i got the right pay for 4 days but the next week i only got paid for 3 days as i was told the cut off day is on sunday what does this mean as im working 4 days but feel like im only getting paid for 3?

Caz 05/04/2019 at 10:13 pm

Ive just started work its 4 on 4 off and a week in hand so at the end of the second week i got the right pay for 4 days but my second wage was lower as i was told the cut off day is a sunday so i only got paid for 3 days what does this mean as im doing 4 days work but only getting paid for 3? Thanks

Emi 16/03/2019 at 9:08 pm

My working hrs have change to 36.5 from 38 p/w. Prior to this we used to come to work 10 mins early every day, unpaid. When working hrs changed we were told that we no longer have to come 10 mins early. Now they asked us to come 10 mins early for briefing in the morning. When we refused, we were told that by law we have to come early. Does the law says that we have to start 10 mins early every day and not get paid? Every month I and other colleagues have to work extra 3hrs and 20 mins without getting paid for that .
Wouldnt this change my and my co-workers working hrs?

chris 07/02/2019 at 6:59 am

My boss expects me to work 10 or 15 for free at the end of my shift. He gives me unresonable tasks that i can't finish before home time. I told him what i can do within the time frame he don't care. So i just leave at my time regardless of what's done

Martin 26/11/2018 at 12:52 pm

My daughter has started working for a certain chain of stores. She is being paid minimum wage but has been told she has to work an extra half hour on the end of every shift WITHOUT PAY to help tidy the store. As she is only paid minimum wage does this break the law? If you take into account the unpaid 30 minutes she is no longer paid minimum wage. If all the 450 branches are doing this with all staff then I reckon they are underpaying their staff by a vast sum.

Walter white 21/11/2018 at 11:37 am

My boss has threatened me to do over time for free or he break my legs!!! Or put me in the group!!! My boss is very big and wears suit has load of gold and tattoos over his body and face!! He has 5 body guards to protect him and they are big too..and he gets driven around London a lot!!! He big with other what I call dangerous people around London and he's not a nice guy!!! Anyway shall I do the over time for free not worth getting legs broken hey

Walter 21/11/2018 at 11:33 am

My boss wants me to do over time but has no intentions of paying me overtime nor give it to as extra holiday..ive said no but he says if i don't do his request he has the right to sack me on the spot! I've said if does this I can report him and take him to court but he got very upset angry with with and said if I do this and he gets into trouble he will get me sorted out!!! So is is best to do the extra over time for free of take my boss to court and get poss beating!! My boss is not nice tattoos on his face where a nice suit and loads of gold and he's a big guy too and he has 5 body guards around him all the time!!

Johnlee 19/09/2018 at 10:10 pm

My employer forced the entire workforce to take a week off with pay despite many of us willing to work now they are forcingus to pay back the hours through unpaid overtime is this legal?

Miffy 15/07/2018 at 8:02 am

Is it right for my employer to take my lunch break out off my overtime rather than my basic pay ?

WelfareAtWork Editor 31/05/2018 at 11:44 am

In the first place, you would have to speak to your employer directly as a way to resolve the matter. If you’re a worker and you’ve tried solving a problem or concern informally by talking to your manager but you’re not satisfied, you can make a formal grievance complaint in writing

Knackered 30/05/2018 at 8:46 am

I have worked since 2014 in the same job. During periods of several months we have had to do a lot of extra hours to cope with chronic high workload and understaffing. My hours for several months meant my salary worked out below minimum wage. I am not in a union and would rather report it confidentially as it affects a lot of the staff, not just me. We worked out in the first half of 2017 our pay equalled around £3.90 per hour for example. We didn't get much inlieu at all. What can I do? It is still going on now.

Jackhammer 20/05/2018 at 5:23 pm

I work for a maintenance co servicing pubsin sw england my day genrally starts @0630 to go to a visit i arrive @0830 i can
have multipule jobs any day and i leave site @1730 i get home arround1930 which is a 13hr day i do not get paid for the first hour and do not get paid from when i leave site@1730 less a 20min break so i will get paid 9hrs 40mins i drive a firms van carry my own tools and equipment on a paye basis is this legal not to get paid from site @1730 or for the drive from home in morning i usually get paid a 40hr week with around 5 or 6 hrs overtime @1.5 but i am in there vehicle for about 60 to 65 hrs

WelfareAtWork Editor 30/04/2018 at 11:29 am

An investigation should take place and if it is found you have been overpaid you employer should seek to agree the repayment over a period of time. Prior to this, your employer would have to give you enough notice to make arrangements for the decrease in salary. Your employer cannot make deductions from your wages, or withhold money owed without your consent. You can see more whichYou may wish to speak to your employer directly regarding this matter.

ashaali1926 29/04/2018 at 1:00 pm

I have had an email from work to say I have been overpaid for the last 4 months and they will let me know what I have to pay back when they hear back from payroll. In the meantime I did overtime this month which they normally pay but this months has not been paid. Can they refuse the overtime due to me being overpaid?

Stac 25/04/2018 at 6:56 pm

If we have staff meetings and my boss doesn't give us time back or pay us for it is this right

WelfareAtWork Editor 09/04/2018 at 12:14 pm

You would have to take this up with your employer directly.

Aakash 07/04/2018 at 1:05 am

I worked 65 to 70 hours over time when I first started my job in January 2017 I signed into my log book the hours I was there but didn’t sign a overtime slip where do I stand a year later?

Many thanks

Pops 16/03/2018 at 6:26 pm

I worked 50hours a week for for years and was not going on lunch.now labour stepped in I am going to work 9 hours but how do I claim the overtime money that was not given to me??

G 23/02/2018 at 11:03 am

I work 40 hours a week but we don’t get paid overtime until over 45hours week so I working 5hours week for free can they do this?

Carly 13/02/2018 at 6:37 pm

Hi there,
I have worked in a residential care home for almost two years now.
I am on minimum wage and my hours are 7.30 - 2.30.
Over the last six months or so, my boss has demanded that we work until at least half past three - sometimes until 6 o'clock if we're on training courses but we only get paid until 2.30.
Am I legally obliged to work these hours unpaid?

Keith 13/02/2018 at 9:07 am

I was injured at work. The weeks I had off I chose to receive pay and work off in overtime later (backwards time off in lieu, in effect). However I get time and half for overtime, yet it only accounted for time as usual when working it off. Is this legal?
Thanks!

Lizzy 13/01/2018 at 6:35 pm

I was dismissed by my last employers just days short of completing my probation because I dared to question their incompetence. I had no support from my deputy manager or senior management and did not have an administrator. Obviously I worked extra hours to ensure jobs were completed and the project ran smoothly. Due to family issues I took more leave than pro rata. The company now say that I owe them money for overpaid leave. As I worked extra hours I have asked them to deduct this from the total and I will pay the balance. They now do not pay overtime, but give time off in lieu. They now say they do not owe anything as they did not authorise extra hours. Many times I have raised my workload, lack of support and extra hours with them to no avail. I am not getting much support from my union.

Jules 26/12/2017 at 6:29 am

I work as cleaner on minimum wage recently my boss said my cleaning was not up to standard and made me work three hours extra unpaid until it was to her standard is this legal

Richie Editor 07/12/2017 at 3:39 pm

@SEB - this sounds like a bit of a precarious job and a precarious employer. Most workers who work a 5-day week must receive at least 28 days’ paid annual leave per year. This is the equivalent of 5.6 weeks of holiday. Part-time workers get less paid holiday than full-time workers. They’re entitled to at least 5.6 weeks of paid holiday but this amounts to fewer than 28 days because they work fewer hours per week. I'd be looking for another job. Your employer sounds unreliable to say the least.

Slave or not a slave 03/12/2017 at 1:34 am

Hey, I don't want to give anything away like my boss or where I work so I'll stay as simple as I can.

Is it illegal for a boss to bank hours and then months later say you owe them 9 hours and make you work those 9 hours doing g a job they're too cheap to pay for such as painting a warehouse or other jobs that aren't in your job description like cleaning toilets.

Even though that same boss said they'd pay you full all those times no bother, they sent you home early out of their own choice and wouldn't take no for an answer and when you've asked for overtime and they refused even though it was very busy.

Then when they're told we don't want to paint the floor, say "then you'll get a -9 payslip" .

Are they taking liberties?

Jj 27/11/2017 at 6:16 pm

If I work over time say I already have 40 hours that month and I have a day off sick is it right my work does not pay me for the day I have off sick and take 8 hours out of my over time aswell so potentially iv lost 16 hours of work

None 14/11/2017 at 7:19 pm

I work for a transport company. I work well over 45 hours per week with no extra pay Monday to Friday. If I book a Friday off as a holiday when I’ve already done 48 hours Monday to Thursday is this right?

Parr 29/10/2017 at 8:17 pm

My employer wants us to leave our machines running when we go for our unpaid half hour tea break .so because of this when we return to work we have to work twice as hard to catch up with the machines and check what they have produced .is this legal ?

Snowhite 27/09/2017 at 1:18 pm

I work I retail on the delivery is it right that my manger can keep me for extra 2 hours unpaid when I start 6.30 and finish at 10.30 plus it not in my contact

Blonde 04/09/2017 at 3:52 am

Hi I work every shift 15 minutes extra for handover but have never been paid for it is this legal

Joseph 09/08/2017 at 4:15 pm

Hello,
I work at build a bear worshop 4 hours a week. I'm concerned because when the shop isn't very busy they'll put me on a unpaid half an hour break. Meaning I only get paid 3 1/2 hours pay. Is this legal or can I choose to have a brake or not?

Regards

Casey Editor 08/08/2017 at 3:47 pm

@Carmen - yes, you may be paid a month in arrears, it's usual.

Carmen 08/08/2017 at 2:23 pm

I worked my normal hours last month and also did 45 hours overtime to which my company ha ent paid me saying it will be paid next month, is this allowed?

WelfareAtWork Editor 27/07/2017 at 11:54 am

You can certainly challenge this directly with your employer and if the result is not to your satisfaction you would have to raise a grievance

Mandy 25/07/2017 at 3:46 pm

Hi,

I did some overtime 5 months ago and was told I would be paid for the additional hours worked. I have since changed job roles and have not yet been paid and have been told that due to the job title change I will get a day off instead of the payment which was stated.

If I was told I would be paid, can this then be changed to a day off?

WelfareAtWork Editor 24/07/2017 at 12:09 pm

If your employer has not requested you work unpaid overtime, then you cannot use the fact your minimum wage falls below average because the work you are doing is carried out voluntarily. Your only option would be to raise the issue informally to your line manager and then via a grievance if you are dissatisfied with the response, You don't say whether other workers in your department feel the same. If so, you may wish to complain together. Contacting UNISON may also be an option. I don't think you are the only council worker to feel under tremendous pressure because of government cutbacks, but unless you try to resolve the issues, then the issues cannot be addressed. You cannot be dismissed for making a complaint.

C 21/07/2017 at 10:19 pm

I work for a small council. I always work over my paid 37 hours per week. Previously my employer could deny they knew this but now I complete weekly time sheets showing exactly how many hours I work. My employer has not asked me to work over but the amount of tasks they expect me to complete in a week cannot be done in 37 hours. My average hourly rate nearly always falls below national minimum wage and they have never asked me to sign an agreement to work over 48 hours per week (which I nearly always do)
What can I do? I fear if I raise the issue they will eradicate my role.

Kerry 01/07/2017 at 12:07 am

Hi
I have worked for the same company for four years and have a contact that says I get double time for bank holidays and no hoilday taken away now that want us to sign a new one saying we can have double time but will take a days holiday or normal time with no hoilday taken away if we don't agree we get sacked can they do this please

Le-le 12/06/2017 at 8:48 am

My employer has recently introduced a new wage system. This means we only get paid until the time we are listed to work on tje rota even though our mandatory tasks take several more hours to complete.
For example i was made to clock out at 12:30 but.was made to work until 2 unpaid in order to complete the closing checklist. The 30 minutes allowed to close the business is nowhere near enough time to complete the tasks especially since customers.are only asked to leave at 12:20.
What are my rights in this situation?

Ralphi 18/05/2017 at 8:57 am

Hello. My employer would love for me to do overtime, but I'm reluctant to say yes as I'll be working a 12hr day but only be getting paid for 10 and a half hours. I currently work a 4 on 4 off shift at 12hr days/nights. I know I'm within my rights to say no. Are they aloud to pay me less than the hours I've worked (overtime)?

K 05/04/2017 at 9:31 pm

I work in corrections and have worked 42 hours a week for the past 7 years. All employees other than admin have to work 84 hours every 2 weeks. They have never considered this extra 2 hours a week overtime for anyone. How is this not considered overtime?

Worried wife and mot 29/03/2017 at 9:58 am

Hi, my husband is a maintenance manager and has a contact for 45 hrs a wk
He sometimes has leaves to go straight to a job at 5 in the morning because he has to be on site for 7 and can't leave till 5 so his not getting home till sometimes 7/8 at night
But we have noticed he has been getting paid for this, when he ask his office about this they said he has to give them at least an hours traveling time ( their word its swings and roundabouts) he sometimes works through his lunch and said he would leave an hour early but the have told him his not allowed to do this
Can you tell me if they can do this, his been with this firm for over 5 years now it was never like this till they brought in the new business co-odanatior
His also been sent on training courses, which they pay for but he has to pay for his own expense .
Both my sons work for the same firm and they are doing this to them too
Please can you help!
Thank you ??

Harvey 24/02/2017 at 8:55 am

Hi work for the NHS on the bank and I was asked to do overtime, I did some overtime then the dept that pays said I won't get paid for overtime because on the bank they don't pay overtime. I was very upset as I'd been doing overtime on four days above my normal hours. I went to see the senior manager who said I will get paid. Later that day the manager came and sat with me and told me it's been sorted and I'm going to get paid. I was relieved. He then asked if I would do more overtime. I said I would as long as I'm getting paid. He said has definitely been sorted and they'd appreciate the overtime. Alls well right? NO! Found out yesterday after checking my account I had not been paid for the overtime. I've done 7 days further overtime since I last spoke to the manager. I contacted the payment dept and they told me that they'd made it clear to the senior manager I wasn't going to be paid. Obviously I'm fuming. Tried contacting the senior manager no reply. Tried contacting the manager who passed on the message and he's off and his phones off. I'm start permenant with another team next week it the manager decided that I can't go Monday I have to train the new girl. I've been there 4 weeks with no training and because the staff that's already there refuse to train he's told me I have to do it. I not only am not getting paid for overtime, I have train someone when I've had no training and to top it off the lady I'm suppose to working alongside as took a week off and I have to cover my current position, my new position & the lady who's off on leave for a week. I'm so stressed and feel I'm being treated unfairly. What do I do?

Holly 19/01/2017 at 6:01 pm

I am a 24 year old PR account executive working in London and urgently need some advice! I have worked in this company for 2 years and do not get paid overtime but get my time given back in lieu. The issue is that I am now working more over time than ever (outside of the usual hours 9-5 Monday to Friday), including weekends and bank holidays. I also work on events where I have no breaks at all, from 9am to 2am for two and a half weeks.

The overtime is now much to much and interfering with my personal life. I like my job and the company but I am unhappy because of this. What do i do?

Faye 24/11/2016 at 11:57 pm

Hi I did overtime with work in September and placed the hours withat the time my manager between then and end that month I was changed managers and was told in October my overtime had not been approved i Kicked up a fuss and was re ensured it would definatly be in novembers pay I also did extra In October. I spoke to payroll and they told me none has been approved even though I have it in emails it's been sorted?ots making so stressed and anxious Iv had juggle my money the previous month because it do I have a case to take this further??

jo 17/11/2016 at 7:57 pm

hi i left my company 2 months ago and they still owe money for unpaid overtimes and also shift allowance. I have been trying to contact management/hr etc but i am not being taken seriously. My overtimes rolled over every month since May and I was paid only partially.
The problem is i am being ignored by people from my previous work place. Before I left I agreed with shift manager that I will get paid the following month, but no money were transferred into my account. I went there to speak to the management couple of times. Manager whom made me the promise were living the company and again I was told that i will get my money. I am trying to escalate to various people withing the company, but they saying now they have no record of my overtimes and also i am not entitle to receive shift allowance. Before I left the company, I was sending a lot of emails, every month when I noticed I am not paid, I reported directly to supervisors/managers. There were dozen of emails sent from my company email account. I also used clocking machine (I never forgot to scan my finger). I am feeling very bad that they trying to say that I have never worked these hours and manipulate me. I expected to hear apologies for this delay and situation, but it looks totally different. Please advise where can I escalate this problem? I wan everyone to know how but this company is, after all this time I spent there and I did for them (the person who personally called me on Friday night and asked for help and support, now is playing against me, no one said 'yes, she never refused to help and we might owe her some money') i am very disappointed

Dw 17/10/2016 at 6:40 pm

I am not feeling well so have asked to drop my overtime for Wednesday and Thursday due to feeling awful, I am still doing tomorrow as didn't want to inconvenience them. Can I be forced to do the Wednesday and Thursday??

Kt185 30/09/2016 at 9:38 am

I work 20 hours a week at £8 per hour.

I am expected to do a 12 hour course next weekend (6 hours both days) but unpaid.

Does training count as unpaid overtime? If so, this would take my hourly rate to £5 per hour?

Pin 29/09/2016 at 4:58 pm

Hi...at my work place when we work overtime it is paid at time an a half...I always do abt 2 extra shifts a week...got told today that it has changed to 1 pound on top of your hourly rate affect from being off the month...so I thought I was working for time an a half an was not...can they do this ..surly only from the day they told me .

ma'am 27/09/2016 at 11:56 am

we work 42 hour shifts in a boarding school. on top of this we are told to do 2 or 3 on calls which mean being available between the hours of 9pm/7am. shift patterns are 7am/2pm or 2/9:15pm. should we be paid for the on call hours as these are not considered in our salary.

Lady B 20/09/2016 at 12:02 pm

... I thought calculations would be 2hrs at my hourly rate and result multiplied by 60 weeks! please advise. Many thanks for your help

Lady B 20/09/2016 at 11:57 am

Hi, I work 38 hours but i realise that for over a year I had been working 40. My employer did calculations pf unpaid overtime according to daily hours worked daily: 120 hours at 8 hours per day, but I do not understand why. It did not take into account my hourly rate. Is it correct proceedings? Thank you for your help.

curlarge 13/09/2016 at 4:08 pm

I have only just noticed that I have been mispaid overtime, as someone pointed it out to me, but it dates back 10 years. It could total as much as £4000. But I had never pointed it out to my employer before.
1. Do they have to pay all of the money owed for the 10 years or because I did not check my wage slips monthly have I lost it??
2. Do they have to pay some of it eg. the current years ??

Mg 06/09/2016 at 2:38 pm

Hi there, can my overtime rate (that i have worked) be deducted to standard rate if i go home ill.

Many thanks

Matt Gladwell

martin 10/08/2016 at 11:22 am

Hi, ive been on holiday came back to UK and employer didnt paid for holiday and doesnt response at all, do i have rights to refuse to work for them until i will get paid for it? Thank you. Regards.Martin

Topdog 22/07/2016 at 4:54 pm

I am due 36 hours overtime that was OK'd by my manager and sent to payroll on 29 June. The lady in payroll is new and part time and doesn't really know what she's doing. I get paid on the 16th of the month so was expecting this overtime payment in my August wage. Because she's messed about she's missed the deadline for my August wage so the soonest now would be my September wage. I agreed the overtime as it was towards an end of August holiday and now can't afford to go. It's not a smaller business it's a university I work in. What can I do?

Grace 10/07/2016 at 4:58 pm

I recently left my part time job at the end of last month and have not received my full monthly wage plus my overtime money. I worked over 30 hours overtime before the cut off date for being paid and then continued to work an extra 23 hours after the cut off date since they needed extra staff to help. It has now been 2 weeks since I should've been paid. All I got when I got paid on payday was half of my basic rate and no overtime money. I've asked my manager and the lady who deals with the money but no one knows what is going on. I need the money and don't know where I stand in getting my money I'm owed. Thanks

Gav 22/06/2016 at 8:54 pm

My partner works in a school 3 days a week and has been doing over time to cover for someone on maternity leave on her days off when able. She had to go to doctors appointment one on these over time days and then got told off for not calling in sick and was treated (imo) pretty badly by the deputy head.

What is the deal with calling in sick on over time? I think she should put a complaint in to HR.

Adp 20/06/2016 at 9:07 am

If i work on a saturday for toil, should my hours worked be at time and half?
Eg, if i work 4 hours can i take 6 hours toil?

Leee 17/06/2016 at 10:33 pm

Hi there, I work in a store on a games department. I'm expected to constantly spend time at home reading up on new games being released and new consoles and if I don't do this and am questioned on my knowledge my manager makes me feel inferior and tells me it isn't good enough. Today I was expected to take a USB stick home to update with adverts for the TV we have in store to bring back tomorrow and I had to spend 5 hours doing the videos that they wanted on there. My employer keeps threatening to give me a disciplinary for things like this. Can they really do this? I'm hourly paid, on minimum wage.

Baader 17/06/2016 at 3:49 pm

I work for a large fish farming company in process engineering, we work a 40 hour week and get 1 hour of unpaid breaks per day, our contract states it may be necessary to work at times outside normal working hours but overtime will not be paid. the issue I have is that our marine engineers do get paid overtime even though they work for the same company, the only difference is the location we work at, can this be legal ?

WelfareAtWork Editor 17/06/2016 at 1:57 pm

Even if your contract specifies your average working week is 44 hours, as specified in the article, you still cannot be forced to work more than an average of 48 hours per week, if you do not wish to. If you do not agree to working the extra hours, I should take this up with your employer directly.

WelfareAtWork Editor 17/06/2016 at 10:12 am

You would be advised to speak to your union about this, if you are a UNISON member, or ACAS if you aren't. You may also wish to refer to your contract to see what it says about time paid in lieu.

ste 16/06/2016 at 5:58 pm

hi people im salary to 44 hours a week and i work 55 hours a week i dont get overtime or days back only thing in my contract says work week is average 44 hours but i do 55 every week .my work say its just a one of but this happens every week

ketles 16/06/2016 at 6:47 am

I am about to be medically retired from the police and have 300hrs time due owed that I couldn't take due to illness and work load.

The force are refusing to pay it, am I entitled to this and if so are there any sated cases

WelfareAtWork Editor 01/06/2016 at 11:57 am

In this case I suggest you speak directly to ACAS to find out your options and rights, especially if you are not allowed breaks and you are only contracted for 48 hours. I would also read the terms of your contract first to see if they apply.

storm 31/05/2016 at 4:16 pm

hi am working as a chef on 48 hours contract but the weekly rota it is made on 69 hours. I dont get any breaks and every week i have been paid only for 48 hours , where i have been working 69 and over. wot should i do

WelfareAtWork Editor 31/05/2016 at 12:27 pm

I suggest in this case you give ACAS a call to see if your employer is working within employment guidelines.

Lalalala 31/05/2016 at 12:57 am

Hi, I work on a horse yard. My hours of work are 7:30-5:30 5 days a week (50hrs). Because part of my job requires me to go to competitions, I have been presented with a 4am start. I don't get paid overtime or time of in lieu. I approached my employer and stated I was unhappy. My employer flatly refused to pay me or give toil. I'm not on a great wage at all (eill be below minimum wage when I turn 21 in a few weeks). I'm unhappy with the job for various reasons and have other comittments such as a degree outside of work. I also haven't been given a contract, a terms of employment, nor do I get payslips (I pay tax and NI). I do not want to start my working day at 4am and not be finishing until at least 5:30, if not and quite likely later as I feel as though this is unfair. When I once said I couldn't stay after a 10 hour day as I'd made arrangements to watch a friend's child I was told by my employer that she was disappointed and questioned twice as to whether I was actually not going to stay. I don't mind overtime, but I feel I'm being taken for a ride and therefore do not want to get up at 4am for work for a very very long day, for not much pay as it is, without any extra for overtime or any toil. I wondered if you could advise what my options and rights are. Since I don't have a contract its a but tricky.

WelfareAtWork Editor 26/05/2016 at 12:18 pm

If your Saturday hours are paid as TOIL, then you will not get paid for these hours. You would need to refer to your contract to see if there are any clauses to say that your employer can make changes to hours worked. If you have any other queries or feel you are being unfairly treated then you may wish to give ACAS a call.

steve0027 25/05/2016 at 7:47 pm

I work 45 hours Mon - Fri and 4 hours every other Saturday............I have just been told that the hours I work on Saturdays will be given back to me as TOIL..........So for example I get to go home at 13:30 pm one day after working 4 hours on a Saturday.........Should I still get paid for those 4 hours ?.........Surely my employer can't expect me to work 4 hours for nothing..........And just give me time off with no pay for the 4 hours I've worked ?............There is nothing in my contract about TOIL.........My contract says.........You will be paid overtime (Flat normal weekly rate) Mon 6am - Sat 20:00pm.........So surely I would now need a new contract ? Steve

Niro 23/05/2016 at 11:15 pm

Hi guys.
I really need a advice on this case.
I am a full time gas engineer who is cotracted to work 9 hours perday monday to friday.but once we finish our alocated jobs we go home.so normally we do about
7.30 hours to 8.00 per day.but last week i worked 12 hours on Tuesday but overtime was not approved. Reason i have been going home early in the past . Any sdvise or comments pls,

WelfareAtWork Editor 10/05/2016 at 1:50 pm

You would have to have a look in your contract to see what is specifies. If you are contracted to finish at 5.30, then you can leave at 5.30, any stay after that should be at your own discretion if you are not being paid overtime. If you are in any doubt either speak to your HR department or your line manager in the first instance.

ks 09/05/2016 at 6:52 pm

I just have a query, my working day is usually starting at 8.50 in a morning and finishes at 5.50 the earliest, but i only get paid from 9-5.30 i was wondering if this is legal or if i should be getting paid for this extra time? Its a big company so i dont know who i go to to raise this question or if it willl even get dealt with.
Any help wiill be appreciated.

WelfareAtWork Editor 27/04/2016 at 12:11 pm

I can only suggest in this instance your husband digs out his employment contract and looks through the terms. If his employer has breached the terms of the contract regarding hours etc, then he should give ACAS a call to see what his options are.

Sonnie 26/04/2016 at 2:32 pm

Afternoon,
My husband was contracted to work 40hrs per week (8-5 with an unpaid hours lunch break, which he has never taken). He has worked for the company for 11years, 6 years ago they 10% pay cut and had to work shifts. (6-3 or 9-6, paid only for 8 hrs but work the full 9hrs).
5 years ago they were put on a 4 day week, being paid for 32hrs but working 36.
He mentioned the unpaid hours being worked, being the lunch break and was advised on his contract that it states 'extra hours will be expected to complete the work', this the boss says is unpaid. Last few weeks the company has been quiet so he has completed only 8 hours work, no lunch break as usual and now they want to deduct his wages or for him to make up the hours.
I think it is wrong and don't know what to do as his boss is a bully.
Your thoughts please

WelfareAtWork Editor 20/04/2016 at 2:17 pm

I would first of all have a look in your contract and see what it specifies regarding unpaid overtime. However, as specified in the article if you do work overtime then your average hourly rate must still not fall below minimum wage. If your employer is asking you on a frequent basis to work unpaid overtime then I would give ACAS a call to find out what rights you may have.

Dotcry 19/04/2016 at 8:30 pm

My employers makes all of us work unpaid overtime
Like I work six hours a day; from 9h00 to 15h00 and the store closes at 18h00. So after 15h00 when am suppose to knock they refuse saying that there's still a lot to be done
So I want to if they are allowed to do this?

WelfareAtWork Editor 14/04/2016 at 11:58 am

If this is not part of your employment contract you have every right to refuse the request. While there may be an ambiguous clause in his contract under 'any other duties', if your job is far removed from this kind of work, then it may be classed outside the terms of flexibility, as it is has no relation to your current position. Have a look at your contract and also I advise giving ACAS a call to find out your rights before you give a reponse to your employer.

Lou 13/04/2016 at 3:10 pm

My employer is saying that we have to each take a turn at cleaning the toilets, staff room and stairs. This is to be undertaken outwith our shifts and we will not be getting paid for it. Can they make us do this

Emma 03/04/2016 at 3:35 pm

Hi, I am contracted for 36 hours a week, usually three 12 hour shifts, however during a 12 hour shift 1 hour is taken for a break of which is unpaid so work pay me 33 hours a week. Is that a breach of my 36 hour contract? Should they be paying me 36 hours even though our breaks are unpaid?

Angie Editor 01/04/2016 at 11:12 am

@Nikki - You shouldn't have to consent to this if it is not in the terms and conditions of your contract.

Nikki 31/03/2016 at 12:43 pm

My employer is expecting me to deliver leaflets out of my normal working hours and not get paid for it,surley this is wrong? Where do I stand : (

Emily 26/03/2016 at 2:19 pm

I have a zero contract but I work 40 hours a week every week we have been told we must complete paperwork on our unpaid dinner and stay late after work and get in done I get paid nmw it doesn't state anything about overtime in my contract is this possible for them to do this ?

Rock 26/02/2016 at 12:45 pm

I work and get paid salery of 11.00 an hour.I work way over but they won't pay me overtime.I get paid for 40 hours a week at 11.00 an hour.this is a set salery.I am a supervisor I hire and fire I make big decision its like I run the place and my boss get the money.I won't to sue or quit.

MattF 18/02/2016 at 11:42 pm

Hi,

I have worked for my current employer for 3 years and signed a contract originally for 40 hours per week, and any overtime would be paid at time n half.

Recently, they have decided they do not want to pay overtime but understand that due to the nature of the job we will not be able to always finish on time. Instead we are expected to work over and not get paid, but take the hour back when it is not as busy!

Can they do this? And if so, shouldn't our time taken back be at time and half? E.g one hour worked over, 1.5 hours owed to the employee?

Saz 18/02/2016 at 8:36 pm

Hi, I am contracted to working 35 hours per week, 9-5. Due to the workload of my job I work through my lunch break which is an extra 5 hours per week that I choose to do and not get paid for. I have also very recently been given a flexitime agreement as I start work an hour early everyday (I have done this for 3 years) so now I can sometimes (2-3days per week) leave an hour early. My issue is that due to unfinished work (not necessarily mine) 'everyone' in the office is 'expected' to stay behind at the end of the day until the work is finished (so far the longest has been 3hours over) without pay. I already volunterally work an extra 10 hours per week (have done this for 3years), so I resent being made to stay even longer (especially when all my work Is done) and without any pay. Is this legal for them to make me stay at work after 5pm without being paid for it?

Louise 15/02/2016 at 9:50 pm

I had a meeting at work today regarding time off work, I have been ill for the past week and today was meant to be my day off I worked in the morning then rang my office and said I needed to take my day off as my symptoms were progressively getting worse and I've continued to work despite being ill they instantly called me into the office and complained about the time I've had off sick saying its not acceptable, except the circumstances they mentioned have been beyond my control the first was a family member being rushed to hospital and at the time it was very unlikely the family member would have pulled through the second time they pulled me up on was an incident involving a drunk driver crashing into me while on the way to work which then resulted in me being signed off for two weeks as I suffered bad back injuries and was unable to walk properly for a while and then the other incident being today when I decided that I did not want to work on my day off as I have been severely unwell and worked for serveral days because I was not allowed time off due to many other staff being off sick, they left me worrying about my job and my rights, as I was not able to predict having a car crash and when it did happen I attempted to work until the doctor told me I had to stay at home, I just don't know where I stand as I personally think what they're saying is highly unfair yes I went off ill today but I should be part time and I've been doing full time hours covering for the other staff members that were allowed to go off sick therefore not giving me time to rest and my symptoms becoming worse

Malc 10/02/2016 at 7:36 pm

Hi, My company has forced me to work a compulsory overtime Saturday 06:00 - finish (14:00 - 20:00) ever since I started. Now they are saying they want to cut back and want to remove this aspect of overtime which will obviously result in a major pay drop. Can I expect some kind of compensation for this drop in wages which through 'custom and practise' has become a normal portion of my wages or can they just do it with a contractual change and 4 weeks notice please?

WelfareAtWork Editor 03/02/2016 at 12:25 pm

If you have signed a contract willingly that specifies that no overtime is to be paid, then there is little you can do as you have theoretically agreed to these terms. If you feel the way this has been conducted is unfair, then I suggest you give ACAS a call via the link here for some further advice.

WelfareAtWork Editor 03/02/2016 at 10:34 am

As specified in the article, your wife's contract of employment should lay out what her working hours and conditions are. If overtime is required as part of her role then it must state this in the contract and if she has signed, these terms must be complied with. If you need any further advice and to see whether her employer is working within employment guidelines, then I suggest you give ACAS a call. However, I would ensure you read her contract first, so you can discuss this with an ACAS adviser.

Nay 02/02/2016 at 9:57 pm

Hi I really need some advise at work . My contact states that I am on 40hours per week with a salary of 15000 a year. We used to get paid overtime but now a new manager has come in they have stopped over time ! She said we have signed some thing in our induction that states we wil work 48hours but my aguement is if I signed it that's fine but the 8hours extra if worked should not be for free ? This needs to be paid ! They are saying no because we have signed it ... Need advise :(

aceporty 02/02/2016 at 2:23 pm

My wife is a team manager contracted 43 hours. My wife never leaves on time as she is pressured to get a job done by superiors or in the fear of being disciplined.
She is not paid overtime or allowed to take time back.
This rings alarm bells with me as this seems to be morally wrong. Her hours are changed at short notice sometimes 24 hours to cope with and cover illness, holidays. As a family this is stressful. I feel inclined to step in and intervene and have my say with her employer, but wife doesn't want that for fear of retribution.

WelfareAtWork Editor 12/01/2016 at 11:02 am

It depends what your contract specifies. But if you work less than your contracted hours and there is no clause in your contract to say your employer can do this, you should in theory be paid for them. If you have any further queries regarding this ACAS should be able to advise you on this.

James 11/01/2016 at 9:33 am

Am contracted 48 hrs per week but as I work 4 on 4 off. some weeks I only work 36 but should I get paid for the 48 hrs as its not my fault.

WelfareAtWork Editor 07/01/2016 at 12:32 pm

You would need to see what it says in your contract as a contract of employment is agreed between the employer and the employee. If you are contracted to work a specific number of hours but you are not given them, then you may be entitled to be paid your normal wage for the hours not worked. If you are contracted to work 40 hours per week, then if you work less one day, the hours may be made up on another. If you need any further advice, or wish to know how best to approach this and your legal rights, please give ACAS a call.

Mackemmover 06/01/2016 at 5:18 pm

hi, I am contracted to 40 hours a week, some weeks I don't do 40 hours because of short days occurred beyond my control, ie not working full 8 hour days because shortage of work.
Does my employer still have to pay me for the 40 hours contracted or can they just pay me for the hours worked over the week? Thank you

Chris Mighty 20/12/2015 at 9:13 pm

Dear All,

I have been working on an hourly rate standard security contract for years. I was given a promotion year and a half ago, Office duties 60 hours a week hourly paid, I work outside my working hours for free also it's not ideal but I try my best to keep the manager happy. My question is, should my work be paying me for covering the on call duty manager rota. On call is being available for advice, problems and issues our call centre can't manage by themselves.
I've done this for a year, a full week of out of hours cover every third week. I've never been paid for this, the shifts on the pay roll system are deleted the next day.

Thanks

carlos 06/12/2015 at 9:09 pm

I have work for more than 8 years for my last company and in the last 5 years I work in overtime like my own shift , after new company came and toke from me all overtime. can company do that without notice?

luu 06/11/2015 at 12:26 pm

Hello,my manager is forcing us to work more extra unpaid hours,our work time must be 09:45 -18:00 but he force us to be in the wrk premises buy 8:00-19:00/19:30,that is not fair because some they can not catch transport to their home because its late.what can we do please Help.

WelfareAtWork Editor 30/10/2015 at 2:57 pm

You would be advisable to give ACAS a call, who will be best placed to advice you on whether your company is working within the employment guidelines, or not and how to approach the matter. Please read through your contract first, to see if it mentions anything about the issues you have raised.

DD 30/10/2015 at 8:07 am

Hi- I've just found out that for a period of 12 months from April 2014-15, I have been working 45 minutes unpaid every other Saturday. This is beyond the agreed hours of my contract- which myself or non of my other co-workers have ever been given our own copy of. The time incorporated takes the overall pay below the NMW threshold and now I'm wondering what process do I follow to get that money back? Do I approach my employer with a formal demand for reimbursement or should I go straight for legal advice? The company has a terrible reputation for pushing the boundaries when it comes to legal rights in the workplace and because of it's size seems to be of the opinion it can do whatever it likes, so obviously I need to be certain before making a challenge.

jj 14/09/2015 at 7:57 pm

Hello, I have started a new part time job 15 hours 3 x 5 hours. I have been told l have to attend amanagers meeting approx 10miles from my work , l have been informed no fuel payment will be made and the time travelling and the time spent at the meeting is not paid, what are my rights please

Nick 31/08/2015 at 12:06 pm

My daughter is 17 and taking her A levels, and has recently began part-time retail work at our new local sports centre for a well known sports brand. The job was advertised at her college and we initially believed it would give her valuable work experience, and a wage during the summer holidays.
Her contract is for 8 hrs per week, with the hours variable over the week, sometimes very early in the morning or late in the evening, however, whilst the centre was being built, the staff were asked to work OT, which they were told they would be paid for, and so my daughter has been working for up to 35 hrs per week.
All employees, as part of their induction process, were given a booklet from the parent company stating OT is paid at 1.25 X hr rate.
You can imagine my daughters disappointment and my anger when she was paid NO overtime ! When asked why this had happened, her manager pointed out her contract states although a reasonable amount of OT is expected to be done, no OT is paid beyond her contracted hrs. The manager also pointed out a paragraph stating her contract of employment with the sports brand, over-rules any other contracts or statements provided by the company.
Also, for part of her job, she has also been attending sporting events across the country, for which the company pays her travel expenses, and her contract states the company will cover her travel 'wholly', however, now the company are refusing to pay her bus fares to the railway station, which is again leaving her out of pocket and feeling very exploited.
It appears other members of staff have also experienced the same problems, is there anything we can do further ?

tuesday 29/08/2015 at 3:54 pm

Hi there, I need an advice, please!
I work as a chef in small pub around 7 months. I work in contract, the payment is weekly, but every week I used to work more than 50 hours because the pub is very busy and they didnt pay overitime. And when I asked the manager why they dont pay overtime he told me " thats the rules in the company"
I need an advice what can I do...
Thank you!
Regards

WelfareAtWork Editor 06/08/2015 at 12:32 pm

This of course is against the law. Please see article, Taking a Break at Work: What are Your Rights?here. Should you need to speak to anyone for more advice on how you should approach this, you can give ACAS a call via whichI hope this helps.

shabbydoo 05/08/2015 at 4:44 pm

hi I started work as a housekeeper for the royal family of arab state in London
I work physical hard work.forced to do 7.30 am to 8.30 pm 16 days consecutively with only a 10 min break a day.get woke up by manager to do ironing..after I go to sleep..swore at and bullied,they don't renew my visa so im scared I get into trouble..beware of these jobs my job supposed to be 40 hours with a few extra but no overtime pay;think im going to collapse

No_Name 01/07/2015 at 11:29 pm

I had flexible working arrangements for 15 month with the company to work from home or office as needed. Under new Line manger I am now forced to mostly work from the office. What is fair notice I should expected for this change? Would it be fair to expect same notice they want from me to gain my right back not to work over 48 hours a week - 3 month?

No_Name 01/07/2015 at 11:21 pm

My contract states that by signing it I give up my right no to work over 48 hours a week and to gain this right back I have to give my employer at least 3 month notice. Is this legal or can I push back and request shorter notice?

bazza 01/07/2015 at 9:58 pm

I work aah phamaceuticals has a driver on a 48hour contract ive just started a new route working 12 hours a day which will take me over my 48 hours im i due over time for doing over my contracted hours look forward to your reply bazza

Daniel 30/06/2015 at 4:36 pm

Hi, I have just started a job and my contract states that I am on a 35 hour per week contract but due to the role I am doing I actually work 39.5 hours. My employers state that due to the role I will not be getting paid or time in lieu for the extra 4.5 hours even though my contract States 35. Is this legal?

WelfareAtWork Editor 26/06/2015 at 10:18 am

@Dia - I have included a link: Taking a Break at Work: What are Your Rights? here which should tell you all you need to know.

Dia 24/06/2015 at 7:33 am

Hi. I was working 4 years at company and I just left one day. Now they said I had a contract and didn't give notice. But I was working 15 hours with 20 min break from 3pm to 6am. Other days from 6am to 11pm then I needed to start 4am next day. I was taken break around 2pm. I understand they right about notice but I'm asking is it right to work in those shift?

keef 20/06/2015 at 11:23 am

Every since we joined the EC workers in the UK had been treated like slaves, if you then earn a bit more one week then the tax man gets it, you save for a pension and pay tax on it, when the time comes to retire you pay tax on it again, your just screwed no matter what you do in this country, unless your a millionarie like most of the Tories, As for my contract is not worth the paper its printed on!

WelfareAtWork Editor 22/06/2015 at 2:49 pm

@David H - if it specified this in your contract then you have agreed to this by signing. You should give ACAS a call if you need any further clarification on this matter and to find out whether your employer is working within the permitted legal boundaries.

David H 19/06/2015 at 5:24 pm

I work as a security guard at minimum wage, and my contract states that I am required to be on-site a minimum of 15 mins before shift start. I regard this as unpaid overtime but my employer does.

Disciplinary action can be taken for not arriving as requested.

WelfareAtWork Editor 19/06/2015 at 12:49 pm

@Dan - I think you might have to give ACAS a call over this in order to run through the finer details of what your contract says.

Dan 17/06/2015 at 12:49 pm

My employer has provided us with a 40 hr contract but requires us to work one weekend a month bringing it up to 48 hrs. We are then given the 8 hrs back on the following week. In our contract we are told we will get paid at time and a half for any hours worked over 40, so even though they are giving us the time back should we still not get paid at time and a half for the extra 8 hrs in that week?

Overworkunderpaid 14/06/2015 at 5:42 pm

Just wondered if you can help I am a chef in a school my hours are from 9 til 2 I have w0rked in the environment for nearly 30yrs we have been taken over by many different contracts in my time it doesn't say anywhere in my contract about paid overtime since the government said all children up to age 7 get free sch meals my work load has doubled but my hours are the same everything is made from scratch ie pizza dough sauce pies cakes etc fresh veg I have one lady who starts at 10 30 I start serving at 11 30 im in at 8 everyday to get head start I don't fin till 4.30 most days not only do I cook I also serve and clear up i do the ordering an take all the children off cypad an put all the money on do the banking an stocktake an end of week paper work I had another lady who worked with us but she walked out I was told I would get overtime but have received none the company has lost the contract come sept so would like too get whats owed too me do I have a leg to stand on

WelfareAtWork Editor 03/06/2015 at 2:44 pm

@TH15 - it depends on what you have accepted in your contract, so as specified in the article, it might be worth having a look in your terms and conditions. I suggest you also give ACAS a call, to see where you stand regarding not having a lunchbreak, as you are legally entitled to a 20 minuture break for every six hours or more that you work.

TH15 01/06/2015 at 2:54 am

Just looking for advice on where I stand - my contract mentions unpaid overtime, however the question is, do I have to complete overtime? My hours of working are 9 - 5.30 and I never find myself getting out on time and also without a lunch break! As I am only being paid for my contracted hours, do I not have a right to only work the hours that I'm paid for and no more? Are they in a position to force me to work in excess of my contracted hours? Seems pretty unfair that my employer gets away with additional work from me without paying me a penny! I don't mind an hour here or there, and I wouldn't normally groan however the situation is getting worse and worse and I'm becoming increasingly fed up.

WelfareAtWork Editor 02/06/2015 at 10:30 am

@A - Have a look first to see what your contract terms and conditions say about overtime and working hours, as it should all be laid out in there. If your employer is acting outside the terms and conditions of your contract, then I suggest you contact ACAS, so that you can speak to someone directly about these issues. You can contact one of its advisers via whichI hope this helps.

A 29/05/2015 at 10:12 am

I am working as a receptionist in a security company in London for 9 months already and I think, that I have been treated unfairly. I have not been paid for all the hours I am working. I have 40 hours per week contract, but I have been asked to work overtime almost every week so usually I am working 45 - 48 hours per week, but I have not been paid for those extra 5 - 8 hours per week. When I asked for overtime pay to my manager assistant, he replied to me that everything is correct and that they will not pay me any overtime as I have a contract for 40 hours per week, but I work just 35 hours per week. I do not know if they are not paying for my lunch break or for a time when I am travelling from one site to another as I am covering lunch breaks in four different sites per day. My usual working hours are 12:00 - 20:00. The manager assistant told me as I have been working only 35 hours per week then they are paying an extra 5 hours per week to make 40 hours which is on contract and that is why they do not have to pay me any overtime as it is already included in those 40 hours per week they pay me for. That means that my pay stays the same even if I work more hours. Sometimes when I am doing overtime I do not get any lunch break and they do not pay me for that as well. My contract says that I may be asked to work additional hours, but it does not say that it will not be paid, as well as there is no information that not received lunch breaks will not be paid, as well as nothing is written about that I will be paid only 35 hours per week instead of 40 hours. That is why I feel that I have been treated and paid unfairly and that my employer is breaking a law. Could you please advice. I am hoping for your reply. Thank you in advance.

voxx 26/05/2015 at 10:29 pm

I work for hotel in london, fconcierge department
We work on a shift pattern, and every rota is unique.
My contract says 160 hours a month, and normally hotel pay for the overtime (every department), but my department has applied weird approach to hours worked.
I work here for 5 years and one day have noticed too many hours worked with only partial overtime pay (basically 1/5 of the input). My manager looked into the things and agreed to pay overtime (as it would be a surprise to him), and admitted departmen was "a man down" for quite a while, and "one staff was never replaced". So I accepted this promise.
This week I have looked into payslips, compared them with all rotas (we keep them on HDD) and found unbelieveable discrepancy of roughly 1500 hours of overtime worked in 5 years. Not only it is making me worse off, it is illegal with hourly rate falling below minimum wage in some instances.
My question would be:
Can I recover my unpaid overtime giving I have rota+payslip as an evidence?
Should this overtime be adjusted with the interest rate?
And how should I proceed, because total amount can reach 10000£ gross.
Thank you

WelfareAtWork Editor 11/05/2015 at 11:38 am

@jay - I have included a TUC, WorkSmart whichregarding your rights when opposing changes in a contract that you don't agree with. I hope this helps.

jay 11/05/2015 at 9:14 am

i can't just resign I have a family to provide for I want to know my rights on the matter.

BobSmith Editor 10/05/2015 at 2:16 pm

@Jay the word you are looking for is "resign"

jay 08/05/2015 at 7:28 pm

so can I decline my contract to the employer? I have worked here for almost 2 years there's a lot I disagree with.

WelfareAtWork Editor 11/05/2015 at 11:23 am

@BobSmith - I think you would be better giving Acas a call, as suggested in my last comment. I say this because there are a lot of companies where staff work unpaid overtime which can mount up, but is not in any way illegal. As specified in my last comment, however, when you take into account your pay and the hours that you work, your hourly rate must not fall below national minimum wage. So 15 hours overtime at a weekend may not be unreasonable to someone earning £60K per year, but would be to someone earning £8 per hour. Plus, 'expected' is really just a polite way of saying 'required'.

BobSmith Editor 08/05/2015 at 6:58 pm

@WelfareAtWork The question was more about can they force me to work overtime when I don't want to if my contract says "expected to work overtime" and not "required to work overtime".

I was also after a definition of "reasonable", and whether 15 hours unpaid on a weekend is reasonable.

WelfareAtWork Editor 08/05/2015 at 2:33 pm

@BobSmith - as specified in the article; unfortunately there is nothing to say that overtime hours have to be paid or if they are, at what rate. However, when you take into account your pay and the hours that you work, your hourly rate must not fall below national minimum wage. The same is true for working bank holidays or weekends. Although most employers will pay more when you work these days, there is no legal requirement to do so. If there is something written in your contract about being paid for your overtime hours then your employer must stick by it. Also, if you do work overtime then your average hourly rate must still not fall below minimum wage and your employer cannot make you work over 48 hours a week unless you choose to do so. I suggest you call Acas via the link here for more advice and if you feel that your employer is being unfair.

BobSmith 08/05/2015 at 7:00 am

Hi, My contract says overtime is unpaid. It also says "you are expected to work reasonable overtime". Does the word "expected" mean i don't have to work it, i.e. they didn't use the word "required"? And what is considered reasonable? The last time, it was 15 hours in a single day on 2 consecutive weekends.

WelfareAtWork Editor 07/05/2015 at 2:15 pm

@jay - your contract will be your 'letter of appointment'. You will need to look in the terms and conditions part of your contract relating to pay and overtime. In a nutshell, it is saying you wont be paid overtime or given time off in lieu, unless your contract specifies otherwise.

jay 06/05/2015 at 9:45 pm

what does this mean? No payments( or time off in lieu) will be made for hours worked by you outside, or in excess of your normal hours of work unless special terms have been included in your letter of appointment? I have never seen any letter of appointment it took the company a year and 6 month to give me my contract.. Thank you

Seany 28/04/2015 at 8:54 pm

Why are my overtime hours not shown on my wage slip? I go in one. Hour early each morning and get paid 10 pound a day which is in cash in pay packet at the end of each week.

Seany 28/04/2015 at 8:50 pm

Does my overtime hours have to be shown on wage slip?

BobSmith 28/04/2015 at 8:28 pm

Hi,

My contract says overtime is unpaid. It also says "you are expected to work reasonable overtime".

Does the word "expected" mean i don't have to work it, i.e. they didn't use the word "required"?

And what is considered reasonable? The last time, it was 15 hours in a single day on 2 consecutive weekends.

WelfareAtWork Editor 27/04/2015 at 11:14 am

@Stevetheworker - not really, everything should really be recorded accurately for the company record. Perhaps, you could give Acas a call via the link here in order to see what your best approach is. I hope this helps.

Stevetheworker 24/04/2015 at 7:41 am

I work overtime regularly and I had a days holiday booked last Friday which I took when I received me pay I found that the overtime hours I had worked during the week was taken down to replace the 8 hours which was a booked annual leave. I understand if it was a sick day to make up hours but can they take overtime hours to replace when it was annual leave?

Jack Editor 04/12/2014 at 1:43 pm

@work2work2work - Yes, if you are late when working overtime, you are still late when the company is paying you to be there on time. Jack.

rambotheturtle 05/09/2014 at 9:42 am

I work I a call center. And we do what we call split shifts as over time that's if when someone needs their shift covered, you do their shift, and your shift in one day. Not only do you get paid the normal rate which is 7.50 p/h. We get £50 extra ever time we do a split shift.

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