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 black and white photo of the big ben clock tower

Labour’s First 100 Days in Employment Law: A review of Progress to Date and What Lies ahead in the next 12 – 24 months

By Louise Maynard • October 28, 2024
The Labour Party came into power in 2024 with a promise of substantial reforms aimed at enhancing worker’s rights, improving work-life balance, and addressing inequalities in the workplace.
A woman is sitting in a chair talking to a man.

Supporting Mental Health in the Workplace: A Legal Framework for Employers

By Yeing-Lang Chong • October 10, 2024
Mental health is an increasingly important issue in the workplace, affecting employees’ wellbeing, productivity, and overall satisfaction. As more employees speak up about their struggles, UK employers must ensure they are providing a supportive environment while adhering to legal responsibilities. The legal framework surrounding mental health in the workplace is clear, but understanding how to apply it practically is key to preventing discrimination and promoting a healthy work culture. With World Mental Health Day on 10th October, now is the perfect time for employers to review their obligations and strategies for supporting mental health in the workplace.
An empty office with a desk and chair in front of a window.

Handling Mental Health-Related Absences: Best Practices and Legal Obligations

By Yeing-Lang Chong • October 9, 2024
Handling Mental Health-Related Absences: Best Practices and Legal Obligations Mental health-related absences are a common challenge for employers, as mental health conditions can lead to prolonged or frequent time off work. Understanding how to handle these absences with compassion while fulfilling legal obligations is crucial for maintaining a supportive work environment and avoiding potential legal pitfalls. As we approach World Mental Health Day on 10th October, this article outlines best practices and key legal responsibilities for UK employers when managing mental health-related absences.
A woman is comforting a man who is sitting at a desk with his head in his hands.

Mental Health Discrimination in the Workplace: UK Legal Protections

By Emily Kidd • October 8, 2024
In the UK, mental health discrimination in the workplace is a growing concern as more employees speak up about their struggles with mental health issues. World Mental Health Day, observed on 10th October, provides an opportunity to reflect on the legal protections in place to safeguard employees from discrimination and to promote mental wellbeing in the workplace. This article will explore the legal framework surrounding mental health discrimination, including how the law defines mental health disabilities, employers' responsibilities, and steps businesses can take to prevent discrimination.
A man is sitting in a chair while two women comfort him.

Reasonable Adjustments for Mental Health: A Guide for UK Employers

By Marianne Wright • October 7, 2024
Supporting employees with mental health conditions is not just an ethical responsibility for UK employers; it’s a legal obligation under the Equality Act 2010. As we approach World Mental Health Day on 10th October, it’s crucial for employers to understand what reasonable adjustments are, how they can be applied to mental health, and the steps they should take to comply with UK law while fostering an inclusive and supportive work environment.
A group of people are sitting around a table with their hands on each other.

How the Equality Act Protects Employees with Mental Health Conditions

By Marianne Wright • October 7, 2024
The Equality Act 2010 is a key piece of legislation in the UK that aims to protect employees from discrimination in the workplace. While much of the focus on this Act has been on physical disabilities, mental health conditions are also covered under its provisions. As we approach World Mental Health Day on 10th October, it’s important to understand how the Equality Act protects employees with mental health conditions, and what employers must do to ensure they meet their legal obligations.
A group of people are clapping their hands in an office.

Workplace Stress and the Law: How Employers Can Support Employee Wellbeing

By Marianne Wright • October 7, 2024
In the modern workplace, stress is often considered an inevitable part of the job. However, when stress becomes overwhelming, it can lead to significant mental health issues such as anxiety, depression, and burnout. In the UK, employers have a legal responsibility to manage workplace stress and support employee wellbeing. As we approach World Mental Health Day on 10th October, this article explores the legal framework around workplace stress and provides guidance on how employers can take steps to create a healthier, more supportive work environment.
A man in a wheelchair is sitting at a table with other people.

Expanding the Scope of Indirect Discrimination Claims: Implications for Employers

By Springhouse Solicitors • October 2, 2024
The British Airways Plc v Rollett & Others ruling underscores the importance of focusing on the actual disadvantages caused by workplace policies. Employers are now obliged to be more vigilant in assessing the broader impacts of their decisions, ensuring equity and fairness for all employees, regardless of whether they possess a protected characteristic under the Equality Act 2010. By proactively addressing these considerations, employers can foster a more inclusive work environment and mitigate the risk of indirect discrimination claims.
A woman is sleeping at a desk in front of a laptop computer.

Shift Work, Burnout, and Your Rights: Navigating the Challenges of Healthcare Employment

By Marianne Wright • August 11, 2024
Shift work is a necessity in the healthcare sector, ensuring round-the-clock care. However, long hours, night shifts, and irregular schedules can take a significant toll on healthcare workers' physical and mental health, increasing the risk of burnout. This article outlines your legal rights regarding rest breaks, the impact of shift work, and your employer's obligations to minimise the risks.

Mental Health at Work: Legal Obligations and Best Practices for UK Employers

By Yeing-Lang Chong • August 11, 2024
Mental health conditions are becoming increasingly prevalent in UK workplaces, with far-reaching consequences for employees, businesses, and society as a whole. Employers have a duty of care towards their employees' mental wellbeing, and certain mental health conditions may also be recognised as disabilities under the Equality Act 2010.
More Posts