Overtime UK: Rules, Pay & 48-Hour Limits 2026

Overtime refers to the additional time employees work beyond their standard contracted hours. In workforce management terms, overtime helps employers meet operational demands, especially during peak periods or when deadlines are approaching, or to alleviate staffing issues.

However, managing overtime requires careful consideration of legal regulations, employee wellbeing and cost implications.

This guide provides UK employers with a comprehensive overview of overtime – from when overtime occurs and how it should be paid, to the regulations governing working hours – to help employers manage their teams effectively and avoid potential legal pitfalls under UK employment law.

Section A: What is Overtime?

In the UK, overtime is any time worked beyond an employee’s normal working hours, as specified in their employment contract.

While there is no statutory definition of “overtime” under UK employment law, it commonly refers to:

a. Additional Hours: Time worked beyond the standard full-time hours, typically around 37 to 40 hours per week.

b. Extended Shifts: Hours added to the beginning or end of a standard workday.

c. Weekend or Holiday Work: Time worked outside the usual working days, especially if the standard schedule is Monday to Friday.

It’s important to note that UK law does not mandate overtime pay rates unless specified in the employment contract or if failing to pay overtime would result in the employee earning less than the National Minimum Wage.

Employers must also adhere to the Working Time Regulations 1998, which limit the average workweek to 48 hours unless the employee has opted out in writing.

1. Contractual or Non-Contractual Overtime

Understanding the distinction between contractual and non-contractual overtime helps employers manage their staffing needs while respecting employees’ rights. Clear communication and proper documentation are essential to ensure both parties have aligned expectations and to maintain compliance with employment laws.

a. Contractual Overtime

Contractual overtime is explicitly outlined in the employment contract, making it a formal agreement between the employer and the employee.

An employee is required to work overtime when requested if it is a condition of their employment. This obligation is typically outlined in their employment contract, making overtime a mandatory aspect of their role. The contract will also clearly define when overtime may be needed, how much notice the employee will receive, and how they will be compensated for the extra hours worked.

In many cases, the contract may specify higher pay rates for overtime, such as time and a half or double time. Alternatively, the employer may offer time off in lieu (TOIL) as compensation for the additional hours worked. For instance, an employment contract might include a clause stating that the employee is expected to work up to 10 hours of overtime per month during peak seasons, with those hours being paid at 1.5 times their usual hourly rate.

b. Non-Contractual Overtime

Non-contractual overtime, often referred to as voluntary or casual overtime, is not outlined in the employment contract. Employees are not under any obligation to work overtime unless they agree to it when it is offered. This type of overtime is typically arranged on a case-by-case basis, allowing flexibility to respond to unexpected workloads or staff shortages.

In many instances, compensation for non-contractual overtime is provided at the standard pay rate, unless a different arrangement is made. For example, an employer might ask staff members if they are willing to work extra hours over the weekend to complete a project. In such cases, employees are free to decline the offer without any negative consequences.

Section B: Legal Framework Governing Overtime

Overtime rules primarily relate to working hours and employee pay. Since employee contract terms and rates of pay vary, employers must ensure they calculate overtime pay and hours correctly to avoid potential complaints, which can damage employee morale and lead to tribunal claims.

1. Working Time Regulations 1998

The Working Time Regulations 1998 (WTR) are derived from the European Working Time Directive (WTD). While the United Kingdom has left the European Union, these rules still govern working hours in the UK.

The Regulations are designed to protect workers’ health and safety by regulating the amount of time they spend at work.

Key aspects of the WTR relevant to overtime include:

Employees in the UK are subject to a maximum working week of 48 hours, averaged over a 17-week reference period. This limit applies to both standard working hours and any overtime undertaken. However, individuals may choose to opt out of this 48-hour limit by providing their employer with written consent. It is important to note that employers cannot compel workers to opt-out, and employees retain the right to withdraw their consent by giving notice.

In addition to these weekly limits, there are clear guidelines on rest periods. Workers are entitled to a minimum of 11 consecutive hours of rest within any 24-hour period. Over the course of a week, they should also receive at least 24 hours of uninterrupted rest in a seven-day period or 48 hours over a 14-day period. For those working more than six hours in a day, the law ensures they have the right to a minimum 20-minute uninterrupted break.

For night workers, additional protections are in place. Night shifts should not exceed an average of eight hours in any 24-hour period. Moreover, employers must offer night workers the opportunity to undergo free health assessments to ensure their work does not negatively impact their health.

Employees are also entitled to a minimum of 5.6 weeks of paid annual leave each year. This entitlement cannot be substituted with a payment in lieu, except when employment is terminated.

Employers have a legal responsibility to maintain accurate records that demonstrate compliance with working time regulations. This requirement is particularly important for employees who have not opted out of the 48-hour workweek limit. Adequate record-keeping helps ensure that working time limits are observed and that employee rights are respected.

Non-compliance can result in enforcement action by the Health and Safety Executive (HSE) or local authorities, including improvement notices, prohibition notices, and prosecution.

Workers also have the right to bring claims to an employment tribunal if they suffer detriment or dismissal for asserting their rights under the WTR.

2. National Minimum Wage

The National Minimum Wage (NMW) and National Living Wage (NLW) set the legal minimum hourly pay rates for workers in the UK. Employers must ensure that eligible employees receive at least the NMW/NLW for all hours worked, including overtime.

When calculating pay for overtime hours, employers are required to determine the average hourly rate by dividing the total pay by the total hours worked during a pay reference period. This calculation must include all overtime hours to ensure that the average hourly rate does not drop below the National Minimum Wage (NMW) or National Living Wage (NLW).

Unpaid overtime can become problematic; if this unpaid work results in an average hourly rate that falls below the NMW/NLW, the employer would be in breach of the law. It is, therefore, essential for employers to maintain accurate records of all hours worked, ensuring they can demonstrate compliance with minimum wage requirements.

Certain deductions, such as those for tax and National Insurance, are permitted when calculating pay. However, other deductions, such as those for uniforms or equipment, can affect NMW calculations. Payments made to reimburse workers for expenses incurred during their employment do not count towards NMW pay and should not be included in wage calculations.

HM Revenue & Customs (HMRC) has enforcement powers in respect of NMW and NLW compliance. Employers who fail to meet their obligations face substantial penalties, including fines of up to 200% of the underpayment, capped at £20,000 per worker. Employers found to be in breach may also be publicly named.

In cases of underpayment, employers are also required to repay the arrears to workers at the current NMW or NLW rates, ensuring employees receive the correct amount owed to them.

3. Employment Contracts and Overtime Clauses

Employment contracts typically outline the overtime arrangements between employers and employees, providing clarity on entitlements, managing expectations, and ensuring legal compliance. In some cases, contracts may include mandatory overtime clauses, requiring employees to work extra hours when necessary. However, any such requirement must still respect statutory limits on working hours, as outlined by relevant legislation. In contrast, where overtime is voluntary, the contract should clearly state that employees are under no obligation to accept additional work beyond their standard hours.

Overtime pay rates should be detailed within the contract, specifying whether the overtime will be paid at the standard rate, time-and-a-half, double time, or another agreed rate. Although there is no legal obligation to offer higher pay for overtime, employers must ensure that the overall pay, including overtime, does not fall below the National Minimum Wage (NMW) or National Living Wage (NLW). Some contracts may offer time off in lieu (TOIL) as an alternative to overtime pay, allowing employees to take paid time off equivalent to the extra hours worked. In such cases, it is important that the contract explicitly states the terms under which TOIL is accrued and taken.

Contracts may also address notice periods and limits concerning overtime. For instance, an employer may be required to provide a certain amount of advance notice before asking an employee to work overtime. Additionally, the contract can set caps on the amount of overtime an employee can be expected to work, helping to prevent excessive hours.

Overtime clauses must comply with the Working Time Regulations (WTR), which govern maximum working hours and rest periods. Contracts should also ensure that overtime arrangements do not result in employees being paid less than the minimum wage.

In workplaces with union representation, overtime terms may be subject to collective agreements, which should be respected and adhered to. Employers may also include overtime policies in staff handbooks, and it is important that these policies are consistent with the terms set out in the employment contract.

Section C: Overtime Pay Rates

While overtime can help meet increased business demands, it is important to manage pay rates correctly to avoid legal issues and ensure fairness.

1. Is Overtime Pay Mandatory?

In the UK, there is no general statutory requirement for employers to pay a higher rate for overtime work. However, employers must adhere to certain legal obligations regarding overtime pay.

If an employment contract specifies overtime pay rates, employers are legally obligated to comply with those terms. Failing to do so can result in breach of contract claims.

In some sectors, unions negotiate overtime pay rates that become binding for employers within that industry.

Employers must also ensure that the average hourly pay, including overtime, does not fall below the relevant National Minimum Wage (NMW) or National Living Wage (NLW) applicable to the employee’s age group. This also ties in with limits on working hours, as employees should not exceed the average 48-hour workweek unless they have opted out in writing.

Employers must apply overtime policies consistently to avoid claims under the Equality Act 2010. For example, requiring excessive overtime may place employees with childcare responsibilities at a disadvantage, potentially exposing the organisation to indirect sex discrimination claims unless objectively justified.

In practice, while not legally mandated, many employers offer higher pay rates for overtime as an incentive for employees to work additional hours and to reflect the inconvenience of working beyond normal schedules.

2. Industry Standards for Overtime Pay

Although not required by law, many UK employers adopt standard practices for overtime pay to remain competitive and fair.

In some sectors, such as manufacturing and construction, employees may be paid 1.5 times the employee’s standard hourly rate for overtime hours. In contrast, retail and hospitality businesses often pay overtime at the employee’s standard hourly rate.

Other approaches include double time, where the employer pays twice the normal hourly rate, often for overtime worked on Sundays, bank holidays, or during unsociable hours. Time Off in Lieu (TOIL) allows employees to take equivalent paid time off instead of receiving extra pay for overtime worked.

Where TOIL is used, employers must ensure the arrangement is clearly documented and does not reduce pay below statutory minimum wage thresholds.

3. Calculating Overtime Pay

Calculating overtime pay is an important process, both for legal compliance reasons and maintaining trust between employers and employees. However, it can quickly become complicated due to factors such as varying overtime hours and overtime rates.

The first step in the process should be to review employment contracts to identify any specific provisions related to overtime. You will also need to ascertain what constitutes standard working hours for each employee. Any hours worked beyond these standard hours should be classified as overtime.

You should then apply the correct overtime rate using the rate specified in the employment contract. If no rate is specified, the organisation’s overtime policy should be followed.

The total pay, including overtime, must be divided by the total hours worked to ensure the average pay meets or exceeds the NMW or NLW.

Employers should also be aware that overtime may affect statutory holiday pay calculations. Case law has established that certain types of overtime must be included in holiday pay calculations for at least the four weeks’ leave derived from Regulation 13 of the Working Time Regulations. Employers should distinguish between Regulation 13 leave (four weeks) and Regulation 13A leave (the additional 1.6 weeks), as different calculation methods may lawfully apply.

For irregular hours and part-year workers, reforms introduced from 2024 allow rolled-up holiday pay in certain circumstances, provided it is calculated transparently and itemised separately. Employers should ensure compliance with current rules, particularly when overtime forms part of normal remuneration. For further guidance, see holiday pay on overtime and rolled-up holiday pay.

Failure to calculate overtime or holiday pay correctly may expose employers to claims for unlawful deduction of wages.

Section D: Overtime & Maximum Working Hours

The Working Time Regulations 1998 stipulate the maximum number of hours an employee can work, with the aim of preventing excessive working hours that could lead to stress, burnout, or workplace accidents.

1. 48-Hour Workweek Limit

Under the Working Time Regulations 1998, UK employers must ensure that workers do not work more than an average of 48 hours per week, calculated over a standard 17-week reference period.

The 48-hour limit is calculated using an average over 17 weeks, meaning occasional longer weeks can be balanced by shorter ones.

All time that the employee is required to be at work counts towards the 48-hour limit, including:

a. Regular Working Hours: Scheduled hours as per the employment contract.

b. Overtime: Both compulsory and voluntary overtime.

c. Training: Work-related training during working hours.

Certain periods are not counted towards working time, including unpaid breaks where the employee is free from duties and normal commuting time (unless travel forms part of the job). On-call time may count as working time depending on the degree of restriction placed on the worker.

If an employee has more than one job, total working hours across all employments must not exceed the 48-hour average limit. Employers should take reasonable steps to satisfy themselves that workers are not breaching the limit through secondary employment.

Employees aged 16–17 are subject to stricter limits. Young workers must not work more than 8 hours per day or 40 hours per week, and the 48-hour averaging and opt-out provisions do not apply to them.

Employers have a duty to monitor working hours and to maintain adequate records to demonstrate compliance. For practical guidance, see working time rules and employer record keeping under working time law.

2. Opt-Out Agreements

While the 48-hour workweek limit is the default legal standard, the Working Time Regulations provide flexibility through voluntary opt-out agreements.

Employees may choose to opt out of the 48-hour limit by signing a written agreement. The agreement must be genuinely voluntary. Employers must not subject workers to detriment for refusing to sign an opt-out, nor dismiss them for that reason.

Employees retain the right to withdraw from an opt-out agreement by giving at least seven days’ notice, unless a longer notice period (up to three months) has been agreed in writing.

Even where an employee has opted out, employers remain responsible for protecting health and safety and must assess risks associated with excessive working hours.

For more detail, see working time directive opt-out guidance.

3. Exceptions to the 48-Hour Limit

Certain roles fall outside the 48-hour weekly limit. The most common is the “unmeasured working time” exemption. This applies where working time is not measured or predetermined and the worker has genuine autonomy in determining their working hours.

This exemption is role-based, not title-based. Simply describing someone as a “senior executive” does not automatically bring them within the exemption. The factual working arrangements must support it.

Other sector-specific exclusions apply, including certain transport workers and emergency services. Employers should assess carefully whether an exemption genuinely applies before relying on it.

4. Rest Breaks and Night Work

In addition to weekly limits, workers are entitled to statutory rest protections under the Working Time Regulations.

Workers are entitled to:

– A minimum 20-minute uninterrupted rest break where the working day exceeds six hours
– 11 consecutive hours’ rest in each 24-hour period
– 24 hours’ uninterrupted rest per week or 48 hours per fortnight

Night workers must not exceed an average of eight hours’ work in any 24-hour period where the work involves special hazards or heavy physical or mental strain.

Employers must offer free health assessments to night workers at regular intervals. For further detail, see night worker obligations and working time and rest guidance.

Failure to provide statutory rest can expose employers to tribunal claims and regulatory enforcement action.

Section E: Managing Overtime

Overtime can be a valuable tool to meet increased workload demands, but without proper management it can lead to excessive costs, decreased employee morale, and potential legal issues.

A structured approach helps ensure compliance with statutory limits while maintaining operational flexibility.

1. Monitoring and Controlling Overtime

Managing overtime requires a proactive approach to monitoring working hours and implementing strategies that align with business needs while controlling costs.

Employers should ensure that any requirement for pre-approval is clearly communicated. However, even where overtime is unauthorised, if the employer knows or ought reasonably to know that work is being performed, payment may still be required. Failure to pay may result in claims for breach of contract or unlawful deduction of wages.

Accurate systems are also essential to ensure compliance with statutory limits and minimum wage obligations.

2. Addressing Unauthorised Overtime

Unauthorised overtime can create financial and compliance risks.

Employers should:

– Communicate clear approval processes
– Monitor hours worked
– Address repeated breaches through appropriate disciplinary procedures

However, employers cannot refuse to pay for overtime that has been worked if they have allowed the work to take place. Refusal to pay may expose the organisation to claims for unlawful deductions from wages.

A balanced approach is required: enforcement of policy, combined with lawful payment for work actually performed.

3. Overtime and Flexible Working

Overtime management should also be considered alongside statutory flexible working rights.

Under reforms introduced through the Employment Relations (Flexible Working) Act 2023, employees now have a day-one right to request flexible working. Employers must handle requests reasonably and consult before refusal.

Excessive reliance on overtime may undermine flexible working arrangements or give rise to discrimination risks where certain groups are disproportionately affected.

Employers should therefore consider alternatives to overtime, including:

– Flexible scheduling
– Adjusted shift patterns
– Part-time arrangements
– Recruitment or redistribution of duties

Further guidance can be found in flexible working legislation.

Proper workforce planning reduces legal exposure and supports employee wellbeing.

Section F: Developing an Overtime Policy

Creating a comprehensive overtime policy is essential for UK employers to manage additional working hours effectively, ensure legal compliance, and promote fairness within the organisation.

A well-drafted policy supports operational consistency and reduces the risk of disputes or tribunal claims.

1. Key Elements of an Overtime Policy

An effective overtime policy should address all aspects of overtime work to eliminate ambiguity and prevent potential disputes.

Key elements should include:

a. Definition of Overtime
Clearly define standard working hours and specify what constitutes overtime, including whether weekend or bank holiday work falls within scope.

b. Eligibility
Clarify which employees are eligible for overtime. Some senior or autonomous roles may fall outside structured overtime arrangements, but care must be taken not to misapply exemptions.

c. Approval Process
Specify that overtime must be authorised in advance, where possible. Outline the procedure for requesting and approving additional hours.

d. Pay and TOIL Arrangements
State the applicable overtime rates or whether time off in lieu (TOIL) is offered. Ensure arrangements do not reduce average pay below statutory minimum wage requirements.

e. Working Time Compliance
Confirm adherence to the 48-hour weekly limit and rest requirements under the Working Time Regulations 1998.

f. Record-Keeping
Explain how overtime must be recorded and how records will be retained to demonstrate compliance.

g. Health and Safety Considerations
Address fatigue risks and confirm that excessive overtime will not be permitted where it jeopardises safety.

h. Equality and Non-Discrimination
Confirm that overtime requirements will be applied consistently and without discrimination under the Equality Act 2010.

i. Disciplinary Consequences
Set out potential consequences for falsifying time records or breaching policy.

Clear drafting helps prevent claims relating to pay, working time breaches, or discrimination.

2. Communicating the Policy

For the policy to be effective, employees and managers must understand it.

Employers should:

– Incorporate the policy into employment contracts or staff handbooks
– Provide training for managers on overtime approval and compliance
– Make the policy accessible via intranet or HR systems
– Require acknowledgement of receipt

Regular review is advisable, particularly where legislative changes affect working time or holiday pay calculations.

3. Ensuring Compliance and Handling Breaches

Active monitoring is necessary to ensure adherence to policy and statutory requirements.

Employers should conduct periodic audits of:

– Hours worked
– Overtime approvals
– Opt-out agreements
– Payroll calculations

If breaches are identified, corrective action should be taken promptly.

Where disputes arise over pay, employers should use internal grievance procedures before matters escalate. If unresolved, employees may bring claims for breach of contract or unlawful deduction of wages in the employment tribunal.

Proper documentation provides the best defence in the event of enforcement action or litigation.

Section G: Health and Safety Considerations

Overtime management is not solely about operational demands or payroll accuracy. Excessive working hours engage statutory health and safety duties and may expose employers to regulatory or civil liability if risks are not properly managed.

1. Risks Associated with Excessive Working Hours

Long working hours increase the risk of:

– Fatigue-related accidents
– Impaired judgement and reduced concentration
– Increased sickness absence
– Stress-related illness and burnout
– Reduced productivity

In safety-critical sectors, fatigue may contribute directly to workplace accidents. In office environments, excessive overtime may increase error rates and reduce decision-making quality.

Employers who knowingly permit unsafe working patterns may face enforcement action or negligence claims if harm results.

2. Employer Duties Under Health and Safety Law

Employers owe a statutory duty under the Health and Safety at Work etc. Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of employees.

This includes managing risks arising from excessive working hours.

Under the Management of Health and Safety at Work Regulations 1999, employers must conduct suitable and sufficient risk assessments. Where overtime levels create foreseeable risk, control measures should be implemented.

Control measures may include:

– Limiting consecutive overtime shifts
– Monitoring total hours worked
– Enforcing statutory rest periods
– Offering occupational health support
– Conducting fatigue risk assessments

Compliance with the Working Time Regulations is part of broader health and safety governance.

Failure to manage fatigue risks may lead to investigation by the Health and Safety Executive (HSE) and potential prosecution in serious cases.

3. Promoting a Healthy Work-Life Balance

Sustainable overtime practices support long-term organisational performance.

Employers should:

– Encourage employees to take statutory annual leave
– Avoid routine reliance on excessive overtime
– Monitor workloads and redistribute tasks where necessary
– Offer flexible working arrangements where appropriate
– Use TOIL arrangements responsibly

Promoting balance reduces burnout risk and strengthens retention.

In high-demand sectors, workforce planning is often a more effective long-term solution than persistent overtime reliance.

Section H: Common Challenges When Managing Overtime

In practice, overtime can create legal and operational challenges that require careful handling to avoid disputes or regulatory exposure.

1. Unauthorised Overtime

Unauthorised overtime occurs when employees work additional hours without prior approval or contrary to company policy.

This can create budget pressures and working time compliance risks.

Employers should implement clear approval procedures and monitor hours worked. However, where the employer has permitted the work to be performed, payment will usually still be required. Failure to pay may lead to claims for breach of contract or unlawful deduction of wages.

A distinction should therefore be drawn between:

– Payment obligations for work actually performed
– Disciplinary action for breach of internal procedures

Both may operate simultaneously.

2. Disputes Over Overtime Pay

Disputes may arise where:

– Overtime rates are unclear
– Payroll errors occur
– Holiday pay calculations are incorrect
– Deductions reduce pay below minimum wage

Errors in calculating overtime or holiday pay may expose employers to claims for underpayment, particularly where overtime forms part of normal remuneration.

Employers should maintain transparent calculation methods and ensure payroll systems are audited regularly.

Where disputes cannot be resolved internally, employees may bring claims in the employment tribunal within three months of the alleged underpayment.

3. Irregular Hours and Zero-Hour Workers

Overtime issues often arise in the context of irregular hours or zero-hour contracts.

For such workers:

– Holiday entitlement is calculated differently
– Rolled-up holiday pay may be permitted in limited circumstances
– Minimum wage compliance requires careful monitoring of pay reference periods

Further guidance can be found in zero-hour contract holiday pay guidance and irregular hours holiday pay.

Employers must ensure that flexible arrangements do not mask systematic excessive working patterns.

Section I: Overtime Best Practices for Employers

A structured and compliant approach to overtime reduces legal risk and promotes sustainable workforce management.

1. Establish Clear Contractual Terms

Ensure employment contracts clearly set out:

– Standard working hours
– Overtime requirements
– Pay rates or TOIL arrangements
– Notice expectations

Clarity reduces scope for contractual disputes.

2. Monitor Compliance Proactively

Employers should regularly review:

– Average weekly hours
– Opt-out agreements
– Rest period compliance
– Minimum wage calculations

Reliable systems reduce exposure to enforcement action and tribunal claims.

3. Audit Holiday Pay Calculations

Where overtime is regularly worked, employers must assess whether it forms part of normal remuneration and should be reflected in statutory holiday pay calculations.

For detailed analysis see holiday pay guidance and holiday entitlement for irregular hours.

4. Maintain Accurate Records

Records should demonstrate compliance with:

– 48-hour weekly limit
– Rest periods
– Minimum wage thresholds
– Opt-out agreements

Regulation 9 of the Working Time Regulations requires employers to keep adequate records to show compliance with the weekly working time limit.

5. Avoid Discriminatory Impact

Policies requiring overtime must not disadvantage employees with protected characteristics without objective justification.

Employers should assess whether:

– Overtime expectations disproportionately affect employees with childcare responsibilities
– Adjustments are required for disabled employees
– Religious observance is impacted

Consistency and documentation are critical.

6. Plan Workforce Capacity Strategically

Long-term reliance on overtime may indicate:

– Understaffing
– Inefficient processes
– Poor scheduling

Strategic recruitment or workflow redesign may reduce legal risk and improve operational resilience.

Section J: Summary

Overtime refers to hours worked beyond an employee’s contracted or standard working hours. In the UK, there is no general statutory obligation to pay enhanced overtime rates, but employers must ensure compliance with contractual terms, minimum wage requirements, and the Working Time Regulations 1998.

Employers must ensure that:

– Average weekly working hours do not exceed 48 hours unless a valid opt-out applies
– Statutory rest periods are provided
– Overtime does not reduce average pay below minimum wage thresholds
– Holiday pay calculations correctly reflect qualifying overtime
– Health and safety risks from excessive hours are properly managed

Failure to manage overtime lawfully can lead to claims for breach of contract, unlawful deduction of wages, discrimination, and regulatory enforcement action.

Proper drafting, monitoring and workforce planning are central to reducing risk.

Section K: Need Assistance?

For advice on drafting overtime policies, reviewing compliance, or handling disputes relating to working hours or pay, seek specialist employment law guidance.

Section L: Overtime FAQs

What is the legal limit for weekly working hours in the UK?
Under the Working Time Regulations 1998, workers should not work more than an average of 48 hours per week over a 17-week reference period unless they have signed a valid opt-out agreement.

Is overtime pay legally required?
There is no general statutory requirement to pay a higher overtime rate. However, total pay must not fall below the National Minimum Wage or National Living Wage.

Can employees refuse overtime?
If overtime is voluntary, employees may refuse it. If mandatory under contract, refusal may amount to misconduct, provided the requirement is lawful and reasonable.

Does overtime affect holiday pay?
Yes, certain types of overtime may need to be included in statutory holiday pay calculations, particularly for Regulation 13 leave.

How long do employees have to bring a claim?
Most employment tribunal claims must be brought within three months less one day of the alleged breach, subject to ACAS early conciliation requirements.

Section M: Glossary

Section N: Additional Resources

Working Time Regulations 1998 – Legislation.gov.uk
https://www.legislation.gov.uk/uksi/1998/1833/contents/made

ACAS – Working Hours
https://www.acas.org.uk/working-hours

National Minimum Wage Rates – GOV.UK
https://www.gov.uk/national-minimum-wage-rates

Health and Safety Executive – Managing Fatigue
https://www.hse.gov.uk/humanfactors/topics/fatigue.htm