Overtime: your rights

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Overtime: your rights

Overview

For employees that have normal working hours, overtime usually means any time worked beyond these hours.

Normal working hours are the hours fixed by an employment contract.

Overtime pay

Employers don’t have to pay workers for overtime. However, employees’ average pay for the total hours worked mustn’t fall below the National Minimum Wage.

An employee’s employment contract will usually include details of any overtime pay rates and how they’re worked out.

Help and advice

Contact Acas for free and confidential advice on working hours.

Compulsory overtime

Can an employee be forced to work overtime?

Employees only have to work overtime if their contract says so.

Even if it does, by law, they can’t usually be forced to work more than an average of 48 hours per week. An employee can agree to work longer - but this agreement must be in writing and signed by them.

Can an employee be stopped from working overtime?

Unless an employee’s contract guarantees them overtime, their employer can stop them from working it.

However, their employer can’t discriminate against anyone, eg by stopping some employees from working overtime while letting others do so.

Part-time workers

Usually, part-time workers mustn’t be treated less favourably than full-time staff.

Unless it says differently in a part-time worker’s employment contract, their employer will usually only pay overtime if they work:

  • longer hours than set out in the employment contract
  • more than the normal working hours of full-time staff and full-time staff would get extra pay for working these hours
  • unsocial hours (eg late at night) for which full-time staff would get more pay

Time off and paid leave

Time off in lieu (TOIL)

Some employers give their employees time off instead of paying for overtime. This is known as ‘time off in lieu’.

The terms (eg when it can be taken) are agreed between employee and employer.

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