Employers commonly ask employees to work overtime to carry out work outside normal hours, for example because of an increased volume of regular work, a temporary crisis in resourcing, or to cover for absences. One area of controversy is the treatment of overtime in holiday pay calculations (Lock v British Gas Trading Ltd).

Employees can be forced to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment. However, it is common practice for employees to work unpaid overtime from time to time, to meet the reasonable requirements of the business.

Employers must bear in mind when asking employees to work overtime the maximum 48-hour working week under the Working Time Regulations 1998. An opt-out is available if the employee agrees.


Next could face legal claims over Sunday overtime decision

13 May 2015

Retail chain Next could face unfair dismissal or even age discrimination claims after forcing employees who work on a Sunday...

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Holiday pay: British Gas to appeal Lock tribunal commission judgment

5 May 2015

Law firm Eversheds has announced that it has lodged an appeal on behalf of British Gas against the employment tribunal...

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Holiday pay, overtime and commission: making sense of annual leave

14 Jan 2015

ON DEMAND | How should employers account for commission and overtime when calculating an employee's holiday pay?

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Government puts two-year limit on backdated holiday pay claims

19 Dec 2014

The Government has announced that holiday pay claims made since the recent landmark judgment on overtime will only be able...

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Holiday pay and overtime: unanswered questions after Bear Scotland case

10 Dec 2014

Few employers will have missed the publicity surrounding November's ruling...

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Shared parental leave dominates the list of most popular questions on XpertHR

Top 10 HR questions in November 2014: Shared parental leave and holiday pay

1 Dec 2014

Predictably, the most popular questions in November related to the Shared Parental Leave Regulations 2014, which came into force on...

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Holiday pay and overtime: the EAT decision examined

Holiday pay and overtime: the EAT decision examined

6 Nov 2014

Consultant editor Darren Newman discusses the ruling on holiday pay and overtime in Bear Scotland v Fulton and another. While...

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Overtime should be included in holiday pay, rules EAT

4 Nov 2014

Employers will have to review their overtime provision after a landmark ruling by the Employment Appeal Tribunal (EAT) that overtime...

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Holiday pay overtime

Paid annual leave: EAT hears cases on inclusion of overtime in holiday pay

4 Aug 2014

The Employment Appeal Tribunal (EAT) has heard three important holiday pay cases on the significant issue for employers...

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Tribunal watch: Holiday pay should not include overtime

17 Feb 2014

Stephen Simpson begins a weekly round-up of links to stories about employment tribunal rulings reported the previous week. In the...

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