- There are no specific statutory entitlements or obligations in relation to overtime.
- Overtime will be subject to the terms (express or implied) of the employee’s employment.
- Changes to overtime may, therefore, need to be dealt with as a change in contractual terms.
- Overtime need not be paid – it is possible that an employees’ contract will require them to work additional hours to get their job done, but without additional pay.
- If overtime is not paid, employers must be aware that employees on a low salary may be being paid less than the national minimum wage if required to work unpaid overtime.
- Employers should be aware of the Working Time Regulations limitation on the working week when requiring overtime.
- Overtime arrangements which put part time workers at disadvantage could be indirectly discriminatory.
- Overtime should be included in the calculation of holiday pay pursuant to recent case law.
- See also cards on contracts, discrimination and national minimum wage.