Mandatory Overtime Without Compensation

[GoodCitizen]

This question is more suited to the legal eagles as I am not so knowledgable on this front.

If you are a permanent employee, I understand that employers can as part of the contract require the employees work occasional overtime. What if your employer required you to work overtime but then also refused to compensate the additional time (via time in lieu or payment). Is this legal?

Not to be confused with the employee "wanting" to work overtime and not being compensated

GC

[boxtops]

I'd say no, but it depends on your terms and conditions in your contract. If you are asked to work extra hours, I'd expect TOIL - if you decide you want to work extra hours (as you say) that's up to you.

[ubasses]

What are the terms and conditions in your contract? I was paid overtime until I became managerial, then overtime was expected and often worked for no re-numeration of any kind.

[boxtops]

hear hear ubasses, I work until the job's done :-(

[GoodCitizen]

Not "not wanting to do overtime" but if there is no legal stand point, can the employer essentially just say this week you are working 30 hours overtime but I am compensating you nothing extra. I don't mind overtime, just want to ensure I don't get abused.

Like many contracts, its the standard "Standard hours of work is this to this but the hours can be substantial, etc" and "No overtime will be paid unless approved by a director in writing". If the company requested (even verbally or email) the overtime be done where does that leave the latter comment.

GC

[ubasses]

Looks like your contract has given them a good get out clause. No payment unless approved by the Director in writing. Perhaps you should ask for a meeting and try and negotiate a compromise. You may get them to agree to pay if the overtime goes above a certain number of hours,or maybe pay you a bonus at the end of year based on the extra hours you do, but get anything they do agree to in writing.

[factor-fiction]

I haven't been paid overtime since I worked in a warehouse as a student in the summer holidays nearly 40 years ago. As others say it depends on your contract. The employer may say i you don't like it then maybe you should look around for another. If there's doubt though is there a union rep you can ask, or could you raise a grievance?

[Buenchico]

As long as the average pay across the whole time worked meets the National Minimum Wage, no employer is ever obliged to pay a single penny for overtime (unless, of course, the employee has a contract stating the amount that will be paid).

Some employees (e.g. junior doctors) get far less for overtime than their normal rate of pay (typically around one third). Many salaried staff are expected to take work home, or to stay late at the office, without receiving any extra pay whatsoever. It's all entirely legal.

[tonywiltshire]

As has been stated many people do not get paid for overtime, Teachers are the obvious example, as long as you overall wage does not fall below the minimum wage for your age if within the jurisdiction, there is no difficulty. Your starting point should be your Contract of employment which presumably you agreed at the time, I would try to establish under what conditions a Director will approve payment.