hello@kilgannonlaw.co.uk

Our team is ready to answer any questions

0800 915 7777

Book your consultation today

The rules on working over contracted hours without pay

Employees’ contracted hours

These are set out in the employment contract. You must work your contracted hours, or you will be in breach of contract and potentially at risk of disciplinary proceedings.

You only need to work more than your contracted hours if your contract says so, and this is referred to as overtime. However, your contract may not stipulate the exact number of overtime hours you must work. It may instead include generic phrasing such as:

Reasonable overtime may, from time to time, be required in accordance with the needs of the business.


Maximum contracted hours per week

By law, an employee cannot work more than an average of 48 hours a week, unless either:

  • You agree to work more hours in writing, which you have signed
  • You do a job not covered by the law on working hours (sometimes known as the ‘working time regulations’)

The rules are different for under 18s. However, for most adults, this means your employer cannot ask you to work overtime if it means you will be working more than 48 hours that week – unless you have agreed to it in writing.

Payment for overtime

In the UK, there is no minimum statutory level of overtime pay. Subject to the information below, an employer does not have to pay for overtime, provided average pay for total hours worked does not fall below the National Minimum Wage.

Your employment contract should include details of any overtime pay rates. Alternatively, an employer should have a clear and accessible policy on how overtime pay is calculated, as well as how it is requested, authorised, and recorded.

If your contract or employee policy documents set out how overtime should be paid, the employer should pay you in accordance with that, otherwise they may be in breach of contract.

If you regularly work overtime, your overtime pay may need to be included when calculating holiday pay.


Can an employer force employees to work over contracted hours?

This will usually depend on what the contract of employment says.

If there is no contractual obligation for overtime, you cannot be forced to do it. If your contract requires some overtime, you will probably have to do it in accordance with the contract, provided you are not being asked to work more than 48 hours in a week.

Note that this only applies if you have not opted out of the 48-hours-a-week rule, and that it applies to your job.

If your contract requires overtime, but does not specify how it is paid (and there is nothing mentioned in policy documents) your employer may not have to pay you, provided pay for all hours worked (including overtime) does not fall below the National Minimum Wage.

On the other hand, an employer can stop you from working overtime unless your contract of employment guarantees a certain number of overtime hours.

Can you be dismissed or disciplined for refusing to work unpaid overtime?

This will also depend on which of the above situations you fall into. In addition, employers must not directly or indirectly discriminate against anyone when it comes to asking or insisting that an employee works overtime.

Indirect discrimination occurs when certain rules put certain employees at a disadvantage. For example, if an employer insists all overtime is worked on Sundays, this could be seen as discriminating against Christians.


Overtime and part-time workers

Employers should not treat part-time workers any less ‘favourably’ than full-time workers. However, employers normally only pay overtime for part-time employees if:

  • They work longer hours than their contracted hours, set out in their employment contract.
  • They work more than the set working hours of full-time staff, and the full-time employees would get extra pay for working the extra hours.
  • They work unsocial hours that full-time staff receive more pay for doing (e.g. at night)

Seeking legal advice about contracted working hours

Deciding whether you should or can work overtime will usually be clearly communicated by your employer, but there are always exceptions owing to individual circumstances.

If you need legal clarification of your situation, we can help. As a team of experienced employment law solicitors, we can provide tailored advice about your rights in relation to the working-time regulations and how you are affected by your contract of employment.

For an initial discussion, get in touch with the team today.


a woman is writing on a tablet while using a laptop .
By Matthew Kilgannon 20 Mar, 2024
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
a man in a wheelchair is sitting at a desk with a woman standing next to him .
By Marianne Wright 20 Feb, 2024
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
a man is sitting at a desk in a dark room using a laptop computer. GDPR
By Emily Kidd 06 Feb, 2024
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
person holding up a mental health book and in a discussion
By Yeing-Lang Chong 22 Jan, 2024
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.
Female employee getting harassed at work by a colleague
By Marianne Wright 19 Jan, 2024
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
By Emily Kidd 04 Dec, 2023
In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.
By Emily Kidd 04 Dec, 2023
The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.
Whistleblowing, Sexual Harassment and Gagging Clauses image
By Louise Maynard 09 Nov, 2023
On 23 October 2024, the new, positive duty to prevent sexual harassment in the workplace comes into force. The extent to which a non-disclosure agreement can prevent a worker disclosing sexual harassment will be under the limelight. In the employment context, the most common area for non-disclosure agreements is settlement agreements, under which an employee agrees to settle all claims in return for a compensation payment often where the employer has been unable to resolve a grievance including unlawful discrimination or sexual harassment.
Positive duty to prevent sexual harassment in the workplace
By Louise Maynard 03 Nov, 2023
On 26 October 2023, Parliament passed new legislation to amend the Equality Act 2010 to place a duty on employers to take reasonable steps to prevent sexual harassment of employees and workers during the course of their employment. The new duty comes into force on 26 October 2024.
What is a Deposit order in the Employment Tribunal?
By Louise Maynard 28 Aug, 2023
Employment tribunals are often reluctant to strike out cases at an early stage unless there is a compelling reason to do so. An alternative option for the Tribunal is to make a deposit order.
More Posts
Share by: