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Overtime pay: UK employer’s guide to laws and rates

Published

Overtime pay: UK employer’s guide to laws and rates

Published

Overtime is a fact of life for many UK businesses. Whether it’s a surge in seasonal demand, an urgent project deadline, or a short-term staffing gap, asking employees to work extra hours can help a business stay productive and responsive. But it’s not always straightforward. From pay rates and contracts to legal limits and employee wellbeing, there’s a lot for employers to consider.

This guide covers everything you need to know about overtime pay in the UK. You’ll learn what overtime means in practice, what the law says about rates and limits and how to manage it fairly and efficiently in your workplace.

What is overtime pay?

Overtime refers to any hours worked beyond an employee’s contracted working hours. For example, if an employee’s contract states they work 37.5 hours per week but they put in 42 hours, those extra 4.5 hours are considered overtime.

In most cases, employers choose whether or not to offer overtime. It can be paid, unpaid or replaced with time off in lieu (TOIL), depending on what’s outlined in the employee’s contract or company policy.

When does overtime apply?

Overtime usually applies in situations where employees:

  • Work longer than their agreed hours.
  • Work extra shifts to cover absences or meet demand.
  • Work during weekends or public holidays outside their normal schedule.

Not every employee is entitled to overtime pay. The entitlement depends on their contract. Some contracts include a clause that requires employees to work reasonable overtime without additional pay. Others will specify a pay rate or set of conditions for overtime.

If your business employs part-time staff, overtime typically refers to any hours worked beyond their agreed part-time schedule. However, the higher overtime rate usually only applies once they exceed the standard full-time working hours of a comparable employee.

For example, if a part-time employee works 25 hours a week but is asked to work 30, those five extra hours might be paid at the normal hourly rate. If they then work more than 37.5 hours, the business might apply an enhanced rate, depending on the contract.

What are the advantages of working overtime?

Overtime can offer benefits for both employers and employees when managed well.

For employers, overtime provides flexibility. When workloads fluctuate or sudden opportunities arise, being able to ask staff to work extra hours can prevent delays and keep projects on track. It can also be more efficient than hiring additional staff for short-term needs.

For employees, overtime can mean a boost in income. Many appreciate the chance to earn more, especially when paid at an enhanced rate. For some, it also brings a sense of teamwork and commitment, knowing they are contributing to the success of the business.

Overtime can also be an effective way to meet customer demand without increasing long-term labour costs. Businesses can respond quickly to busy periods while maintaining lean staffing levels the rest of the year.

When managed carefully, overtime can help a business maintain productivity and morale, especially when employees feel their extra effort is recognised and rewarded.

What are the disadvantages of working overtime?

While overtime can be helpful, it also carries risks if not managed properly.

From an employer’s perspective, regular overtime can lead to higher labour costs. Paying staff for additional hours, especially at enhanced rates, can quickly add up. It can also mask deeper operational issues, such as understaffing or inefficient processes.

For employees, too much overtime can lead to fatigue, stress and burnout. Working long hours over extended periods affects both physical and mental health, which in turn impacts productivity and engagement.

There’s also the risk of creating inequality within teams. If overtime opportunities aren’t shared fairly, it can lead to resentment or perceptions of favouritism.

Finally, failing to comply with legal requirements around working time and pay can lead to costly disputes. Employers have a duty to ensure that all staff are paid correctly and that no one works beyond safe or legal limits.

What is the overtime pay rate?

Contrary to popular belief, there’s no legal requirement in the UK for employers to pay a higher rate for overtime. The law only requires that employees’ average pay for total hours worked does not fall below the National Minimum Wage (NMW) or National Living Wage (NLW).

This means that employers can choose to pay standard rates, enhanced rates (such as time and a half or double time) or offer TOIL instead of payment, as long as it’s agreed in the employee’s contract.

Example of overtime rates

  • Standard rate: An employee earning £12 per hour continues to receive £12 for each overtime hour worked.
  • Time and a half: An employee earning £12 per hour would earn £18 per overtime hour.
  • Double time: An employee earning £12 per hour would earn £24 per overtime hour.

Employers should ensure that overtime rates and conditions are clearly outlined in employment contracts or staff handbooks. This transparency helps prevent disputes and ensures everyone understands how extra hours are compensated.

It’s also important to review overtime costs as part of wider payroll planning. Overtime might seem like a flexible solution, but if it becomes a regular expense, it could be more cost-effective to hire additional staff.

You can find more guidance on managing payroll and pay rates in our Payroll Guide.

What does employment law say about overtime?

UK employment law sets out clear rules on working hours, pay and rest periods under the Working Time Regulations 1998 (WTR). While the law does not require overtime pay, it does limit how many hours employees can work.

The 48-hour weekly limit

Employees cannot be required to work more than 48 hours a week on average, calculated over a 17-week period. However, they can choose to “opt out” of this limit by signing a written agreement.

Employers must not pressure employees into opting out, and they must keep records of working hours to ensure compliance.

It’s also vital to ensure employees receive their statutory rest breaks. Under the WTR, workers must have:

  • At least 11 consecutive hours of rest in every 24-hour period.
  • At least one uninterrupted 20-minute rest break if their working day exceeds 6 hours.
  • At least one day off each week, or two days off every fortnight.

Contractual obligations

If overtime is mentioned in an employment contract, the employer is legally bound to honour those terms. For example, if a contract promises time and a half for weekend work, that rate must be paid.

Employers should also take care not to discriminate when offering overtime. Opportunities should be provided fairly and without bias toward certain groups or individuals.

You can simplify payroll compliance by using Employment Hero’s automated payroll software, which ensures accurate calculations for overtime pay, deductions and minimum wage requirements.

Understanding overtime pay and annual leave

One area that often causes confusion is the relationship between overtime and holiday pay.

Under UK law, holiday pay must reflect a worker’s “normal remuneration”, which includes not just their basic salary but also regular overtime if it’s part of their usual working pattern.

If an employee regularly works overtime, whether voluntary or compulsory, those earnings may need to be included when calculating their holiday pay. This ensures employees are not financially disadvantaged when taking time off.

Failing to include overtime in holiday pay calculations can lead to underpayment claims and potential penalties.

To ensure compliance, employers should track both contracted and regular overtime carefully. Automated payroll tools can calculate average earnings correctly, ensuring holiday pay reflects actual earnings rather than basic pay alone.

Employers should also communicate this clearly to staff. When employees understand how their holiday pay is calculated, it builds trust and reduces queries.

Employment Hero’s payroll software can help automate these calculations and ensure ongoing compliance.

Understanding time off in lieu (TOIL)

Some businesses choose to offer time off in lieu (TOIL) instead of paying overtime. TOIL allows employees to take paid time off at a later date, equivalent to the extra hours they’ve worked.

For example, if an employee works 4 hours of overtime, they might take 4 hours off at another time.

TOIL can be an effective way to balance workloads and manage costs, but it must be clearly documented. Employers should set out how TOIL is tracked, when it must be taken and what happens if an employee leaves before using it.

When handled correctly, TOIL can support employee wellbeing by giving staff flexibility and additional rest time. It can also help employers manage cash flow by reducing overtime payments.

You can read more about this in our time off in lieu policy guide.

What about compulsory overtime?

Compulsory overtime refers to situations where employees are required to work additional hours, usually stated in their employment contract.

There are two main types:

  • Guaranteed compulsory overtime: The employer must offer and the employee must work the agreed overtime.
  • Non-guaranteed compulsory overtime: The employer is not required to offer it, but the employee must accept it if asked.

Employers must ensure that even with compulsory overtime, employees do not exceed the 48-hour weekly average unless they have opted out.

When including compulsory overtime in contracts, employers should be clear about the conditions, limits and pay rates. Transparency helps prevent disputes and builds trust between employers and employees.

Employers should also ensure that compulsory overtime is not applied in a way that disproportionately impacts certain employees, such as carers or parents. Flexibility and consultation are key to maintaining fairness and legal compliance.

How can employers manage overtime effectively?

Managing overtime effectively requires more than just tracking hours. It’s about creating a balance between productivity, cost control and employee wellbeing.

Set clear policies

Every business should have a clear overtime policy that defines:

  • When overtime is permitted.
  • How it is approved and recorded.
  • What rates or TOIL apply.
  • How it affects pay and annual leave.

A written policy ensures consistency and helps managers apply rules fairly across the business. It should also outline how overtime is monitored to avoid exceeding legal limits.

Monitor working hours

Employers are legally required to keep accurate records of working hours. Using digital systems makes this easier and more reliable.

Modern tools such as automated payroll solutions can help track and calculate overtime automatically, reducing administrative workload and errors. They also make it easier to analyse patterns across departments, helping you identify where extra hours are most common.

Prioritise wellbeing

Encouraging a culture of regular overtime can lead to exhaustion and disengagement. Employers should monitor workloads and ensure staff take adequate rest.

Offering flexibility, encouraging breaks and checking in regularly can all help maintain wellbeing and productivity. Regular employee surveys can also help gauge how staff feel about workload and overtime expectations.

Control costs

Regular overtime might indicate a need to review staffing levels or improve operational efficiency. Employers should analyse overtime trends to identify patterns or problem areas. If overtime is becoming routine, it might be time to rethink scheduling or hiring strategies.

Data-driven insights from payroll and HR software can help track trends over time, supporting better workforce planning and cost management.

Communicate openly

Transparency is essential. Employees should understand why overtime is needed, how it’s paid and what options they have. This builds trust and prevents misunderstandings.

For more guidance on communicating pay and benefits, see our blog on payslips explained and our article on payslip abbreviations.

Overtime pay and employee relations

Overtime management plays a big role in shaping employee relations. How fairly and transparently it’s handled can influence morale, retention and overall workplace culture.

Employees are more likely to support business needs if they feel their time is valued and compensated appropriately. Inconsistent or unclear overtime policies can lead to mistrust or disputes.

Employers should communicate clearly about expectations, involve staff in discussions about workloads and recognise when extra effort is given.

Good record-keeping also helps maintain fairness. Accurate tracking ensures that all overtime is properly accounted for and paid, reducing the risk of errors or grievances.

Digital payroll and HR systems can make this much easier, helping you maintain visibility and compliance while supporting a positive work environment.

Download the factsheet

Understanding overtime laws and managing pay fairly is vital to staying compliant and maintaining employee trust.

Download our Overtime Pay Factsheet to get a quick reference guide covering key rates, regulations and management tips. It’s designed to help UK employers handle overtime with confidence and clarity.

Register for the Overtime Pay Factsheet

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