Overtime pay in the UK: what the law does and does not require
5 minute read · 2026-10-08
UK law does not require employers to pay extra for overtime. Time and a half, double time on Sundays and the like are contract terms, not legal rights. What the law does require is that your average pay for all the hours you work stays at or above the minimum wage, that you are not made to work more than an average of 48 hours a week unless you agree, and that regular overtime is reflected in part of your holiday pay.
What decides your overtime rate
Your contract, your written statement of terms, a staff handbook or a collective agreement with a union. Your written statement (which you have a right to from day one) should say what happens about hours beyond your normal ones. If it says nothing, ask before you work the extra hours, and get the answer in writing. See reading the small print.
Can you be made to work overtime?
- Compulsory overtime: if your contract says you must work overtime when asked, refusing can be a disciplinary matter, within the working time limits below.
- Voluntary overtime: offered and you may say no.
- Guaranteed overtime: the employer must offer it and you must work it.
Even with compulsory overtime, the employer must act reasonably and take account of things like childcare and health, and must not single anyone out unfairly.
The 48 hour average
Under the Working Time Regulations 1998 you cannot be required to work more than 48 hours a week on average, normally measured over 17 weeks. You can choose to opt out of that limit in writing, and you can cancel the opt out by giving at least 7 days' notice (or up to 3 months if your agreement says so). You cannot be sacked or treated badly for refusing to opt out. Workers under 18 cannot opt out: their limit is 8 hours a day and 40 a week. Some jobs, notably HGV driving under drivers' hours rules, have their own limits: see drivers' working time.
Overtime and the minimum wage
The minimum wage is checked on the average across each pay period. If you are on a salary and work long unpaid overtime, your average hourly pay can slip below £12.71 even though your salary looks fine. Two details matter:
- Only the basic part of overtime pay counts towards the minimum. If you get time and a half, the extra half is ignored for the check.
- Unpaid overtime still counts as hours worked.
Say a salaried worker on £26,000 a year works 45 hours most weeks: £26,000 divided by 52 weeks and 45 hours is about £11.11 an hour, which is below the legal minimum for anyone 21 or over.
Overtime and holiday pay
For the four weeks of holiday that come from EU derived law, holiday pay must reflect "normal" pay, which includes overtime that is regular and settled (worked often enough over time to be part of your usual pay), including some voluntary overtime. For leave years starting on or after 1 April 2024, the regulations spell out that this covers regular overtime, commission and certain allowances. The remaining 1.6 weeks can be paid at basic rate. See holiday and sick pay basics.
Time off in lieu
Some employers give time off in lieu (TOIL) instead of overtime pay. That is lawful if the contract or an agreement allows it, but the minimum wage rule still applies in the pay period when the extra hours are worked.
Agency workers
After 12 weeks in the same role with the same hirer, an agency worker is entitled to the same basic pay terms as if hired directly, which includes overtime rates paid to the hirer's own staff. See agency work explained.
What to do next
- Find the overtime clause in your contract or handbook and keep a copy.
- Keep your own record of hours each week, start and finish times included.
- If your average pay may be below the minimum, work it out using our checking guide.
This is general information, not legal advice. For your own situation, ACAS (0300 123 1100) is free.
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