Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Compulsory overtime advice guide for employers from Peninsula Business Services UK. Employers call us today on 0800 0282 420.
Jump to section:
In addition to normal working hours, employers may require their staff to work compulsory overtime. Unlike ‘voluntary’ overtime, compulsory overtime is a contractual obligation which clearly states that the employee is required to work additional hours, often on a regular basis.
Just as employers must include accurate detail of normal working hours in the main terms of the employment contract (see working time regulations), they must also include reasonable detail of expected compulsory overtime.
It is the duty of the employer to make staff aware that these hours will always be provided and, as such, they are effectively normal working hours that must be factored into an employee’s weekly or monthly schedule.
Any additional hours worked as compulsory overtime must be included in the employee’s statutory holiday pay calculations.
Employers must ensure that their current holiday pay calculations are in line with the relevant legislation and case law that protects employee rights regarding compulsory overtime and holiday pay entitlement. Failure to do so may result in a tribunal claim against the employer.
Although an employer is within their rights to include a compulsory overtime clause as part of the employment contract, they cannot legally ask employees to work longer than 48 hours on average in any given week.
However, employees over 18 may choose to ‘opt out’ of the 48-hour week. The employer is legally allowed to ask the employee to opt out in order to work additional hours, but the employee cannot be sacked or treated unfairly if they refuse this request.
The Employment Rights Act 1996 and Working Time Regulations 1998 include the provision for holiday pay in relation to compulsory overtime. The Employment Rights Act 1996 also requires employers to include detail of working hours as part of the statement of main terms.
Best practice regarding compulsory overtime in relation to holiday pay entitlement was established following a 2004 Court of Appeal case, Bamsey v. Albion.
Peninsula offers expert advice on compulsory overtime. Our teams provide 24/7 HR advice which is available 365 days a year. We take care of everything when you work with our HR experts.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
Got a question? Check whether we’ve already answered it for you…
Guide
From Black Friday sales to Christmas holidays… The retail industry plans their entire trade year around peak seasons. Whilst these periods might be short, some businesses achieve high profit margins here compared to the rest of the year.
Guide
Employers must complete all the necessary immigration conditions before hiring foreign workers. Unfortunately, it’s a lengthy and complicated process – but nonetheless, mandatory.
Guide
On the 24th of May 2024, the UK government passed the new ‘Paternity Leave (Bereavement) Act’. The act aims to provide vital support for bereaved fathers whose wives, adoptive, or birthing partners die. Let’s look at what the Paternity Leave (Bereavement) Act is, what the law includes, and how your business should support bereaving employees going personal loss of life.
When AI meets 40 years of Peninsula expertise... you get instant, expert answers to your HR and Health & Safety questions
Find the safest and easiest way to resolve your workplace issue