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Overtime

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.


    • Compassionate leave
    • Absence
    • Commission

    Leave and absence: managing attendance fairly (webinar)

    by Personnel Today 21 Jun 2016
    by Personnel Today 21 Jun 2016

    ON DEMAND | What happens when employees take holiday, fall sick, or have other reasons that affect their attendance?

    • NHS
    • Industrial action / strikes
    • Employment contracts

    Government to impose new contract on junior doctors

    by Jo Faragher 11 Feb 2016
    by Jo Faragher 11 Feb 2016

    The Department of Health will impose a new contract on junior doctors in England, it has been announced.
    The decision...

    • Collective redundancy
    • Tribunal Watch
    • Agency workers

    The 10 most important employment law cases in 2015

    by Stephen Simpson 7 Dec 2015
    by Stephen Simpson 7 Dec 2015

    What were the most significant employment case law decisions in 2015? We count down the 10 most important judgments for employers this year.

    • Holidays and holiday pay
    • Modern slavery
    • Overtime

    Top 10 HR questions October 2015: Overtime and holiday pay

    by Personnel Today 3 Nov 2015
    by Personnel Today 3 Nov 2015

    From overtime and holiday pay to safety helmets for Sikhs, we round up the most popular HR questions in October 2015.

    • Fit for Work
    • Holidays and holiday pay
    • Modern slavery

    An A to Z of legal changes 2015/16: Your questions answered

    by Personnel Today 19 Oct 2015
    by Personnel Today 19 Oct 2015

    XpertHR’s webinar An A to Z of legal changes 2015/16 took employers through recent and upcoming developments in employment law....

    • Case law
    • Holidays and holiday pay
    • Overtime

    Holiday pay: voluntary overtime should be included, rules appeal court

    by Stephen Simpson 26 Jun 2015
    by Stephen Simpson 26 Jun 2015

    There is no reason in principle why voluntary overtime should not be included in holiday pay, according to an important...

    • Holidays and holiday pay
    • Overtime

    Holiday pay: “nothing in principle” to prevent inclusion of voluntary overtime

    by Stephen Simpson 17 Jun 2015
    by Stephen Simpson 17 Jun 2015

    In a Northern Ireland Court of Appeal hearing today, the employer’s legal representatives have conceded that there is “nothing in...

    • Bank holidays
    • Overtime

    Next could face legal claims over Sunday overtime decision

    by Jo Faragher 13 May 2015
    by Jo Faragher 13 May 2015

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

    • Case law
    • Commission
    • Holidays and holiday pay

    Holiday pay: British Gas to appeal Lock tribunal commission judgment

    by Personnel Today 5 May 2015
    by Personnel Today 5 May 2015

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

    • Case law
    • Commission
    • Employment law

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

    by Rob Moss 14 Jan 2015
    by Rob Moss 14 Jan 2015

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

    • Employment law
    • Holidays and holiday pay
    • Overtime

    Government puts two-year limit on backdated holiday pay claims

    by Jo Faragher 19 Dec 2014
    by Jo Faragher 19 Dec 2014

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

    • Employment contracts
    • Holidays and holiday pay
    • Pay structures

    Holiday pay and overtime: unanswered questions after Bear Scotland case

    by Christopher Fisher and Nicola Thomson 10 Dec 2014
    by Christopher Fisher and Nicola Thomson 10 Dec 2014

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

    • Commission
    • Shared parental leave
    • Holidays and holiday pay

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

    by Personnel Today 1 Dec 2014
    by Personnel Today 1 Dec 2014

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

    • Case law
    • Holidays and holiday pay
    • Legal opinion

    Holiday pay and overtime: the EAT decision examined

    by Darren Newman 6 Nov 2014
    by Darren Newman 6 Nov 2014

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

    • Holidays and holiday pay
    • Overtime
    • Working Time Regulations

    Overtime should be included in holiday pay, rules EAT

    by Jo Faragher 4 Nov 2014
    by Jo Faragher 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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Personnel Today
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