Can Overtime be Mandatory?

Trying_really_hard

Hello all,

I have a quick query about a friend and I'm finding some conflicting info, so thought I'd get an opinion on here.

1) Can an employer demand you work overtime?

2) Can they demand you work it for NO remuneration? No ££ and no time off in lieu.

I understand the whole "request to work overtime as reasonably requested in line with business needs" type of overtime, but can it be litterally, mandatory.

Any thoughts would be a great help.

PasturesNew

I don't know the answer. But I do know that in most jobs I have ever done I've done 10 hours/week completely free ... for various reasons.

1] the work has to be done (even though they've given you too much) so you just have to get on and do it.
2] nobody else will do it
3] daren't complain or you see that look of disappointment on their face and you're scared they'll let you go
4] not knowing how to say "no", or saying it and it not being listened to
5] because you're told and believe that you will be rewarded (never happens)

Overall, having done all this extra, free overtime for every employer for the last 25 years, my own experience is: it comes to nothing, nobody appreciates it, slackers still slack and the companies will probably close and lay you off shortly anyway.

I do know now that while I would do a reasonable amount of free overtime for an employer, I really would try to not do any and certainly would leave the job rather than continue to be abused by a greedy boss who just promises goodies/promotion/more money that never happens in the end.

globalds

I think these are the questions you should put to a prospective employer prior to taking a job ..If you like the answer ,get it written down in your contract ..If you don't ...Then tell them and explain it wil deter you from taking the position .
At least then you will both have been honest with each other ..Helping to prevent diferences in interpretations becoming problems .

Savvy_Sue

Not, I would have thought, unless it was in their written terms and conditions, and not if the overtime means they're effectively getting less than the minimum wage. But have you checked with ACAS? And there will be a link from their site to a .gov.uk one which will also have an answer, I'd have thought, only I can never remember what that one's called.

Terrylw1

My dads contract stated he had to work mandatory overtime. He had to work 1 hour per day. This gave them the option of removing that extra hour should they not have enough work.

It was fully paid though as stated in the contract.

It might depend on the type of role. Some contracts stake you have "standby days" which you don't get paid for (I think they are normally paid as part of your normal yearly salary)

Not sure how the standby days issue works really because it's a bit like rolled up pay in a way. Maybe someone can advise on that???

Luis-FlightManWithAPlan

Tbh if you dont get paid,I wouldnt do it because at the end of the day how is that legal? Doing work for no pay.....

Conor_3

1) Yes. I'm a lorry driver and my contract says I can be expected to work up to the maximum that the Drivers Hours regs and Working Time Directive states.
2) Only if you're salaried.

PasturesNew

This word "salaried". It does seem that is the word they throw about.

If you're hourly paid, you can expect to be paid for the hours you work, but if you're what they call salaried (grrr) then they pretty much expect it most of the time.

fatboyslim

Yes it can
My OH has recently had her pay conditions changed
Previously she would get 1.5 xlieu time for any extra hours she worked
She is now 'salaried' so any extra hours she works over her contracted hours aren't paid!!
But saying that unless you 'opt out' then under the Working Times Directive no employee has to work over 48 hours a week

Luis-FlightManWithAPlan

fatboyslim wrote: »

Yes it can
My OH has recently had her pay conditions changed
Previously she would get 1.5 xlieu time for any extra hours she worked
She is now 'salaried' so any extra hours she works over her contracted hours aren't paid!!
But saying that unless you 'opt out' then under the Working Times Directive no employee has to work over 48 hours a week

So let me get this straight if im contracted to 15 hours like I am,and they call me in on an extra day,I wont get paid anything for a 5 hour shift??

PasturesNew

If you are called in for an extra day, then you'd be paid.

It's stuff like going in early, working through lunch, having to stay an extra hour or two at the end of the day, that's the sort of thing that one ends up doing free.

Although, having said that, I've been in on many a Saturday/Sunday for free (usual working hours Mon-Fri) because somebody wants something doing and some eejit (boss) decides Saturday will be better as it's quieter.