UK Employer Rules · 2026
Can my employer make me work overtime without paying for it?
Legal basis
Employment Rights Act 1996 (contractual obligations); National Minimum Wage Act 1998; Working Time Regulations 1998 (48-hour cap unless opted out).
When they CAN do it
Your employer CAN have unpaid overtime if: (1) your contract clearly states overtime is unpaid (often phrased as 'salary covers all reasonable additional hours'); (2) your effective hourly rate stays at or above NMW; (3) you're a senior employee with the contract clearly setting expectations; (4) you've voluntarily agreed to specific unpaid overtime (e.g., a one-off project).
When they CANNOT do it
Your employer CANNOT: refuse to pay overtime where the contract specifies it's paid; force unpaid overtime that drops effective rate below NMW; demand unpaid overtime where contract is silent (silent contracts default to paying for additional hours at the same rate); apply unpaid overtime selectively to harass or discriminate; punish refusal to do unpaid overtime.
What you should do
1) Read your contract — find the overtime clause. 2) Calculate your effective hourly rate: take 4 weeks of total hours (contract + actual overtime) and divide your gross pay by that. 3) If below NMW (£11.44/hour from April 2024, expected uplift April 2026), you have a clear claim under NMW Act. 4) If contract says paid overtime but you're not getting paid, that's an unlawful deductions claim. 5) Track hours rigorously (apps like Toggl, Clockify). 6) Raise grievance with the calculation. 7) HMRC NMW enforcement is free for the employee and very effective for employers — companies on the Government NMW underpayment list face £20k+ fines plus naming.
Worked example
Ben was on £24,000 salaried for 'normal' 35 hours. His manager started requiring him to work 50 hours weekly with no extra pay. Ben calculated: £24,000 / 52 / 50 hours = £9.23/hour — below the £11.44 NMW. He filed an HMRC NMW complaint (anonymous initially). HMRC investigated and ordered backpay of £4,860 plus the company was added to the public NMW shaming list. Ben kept his job — retaliation for NMW complaints is automatically unfair dismissal.
Red flags — when to escalate
🚨 'Unlimited overtime expected' culture without paid overtime in contract. 🚨 Effective hourly rate below NMW. 🚨 'Salary covers all hours' for non-senior roles. 🚨 Time-tracking discouraged or banned. 🚨 Different overtime treatment by gender, race, or age (discrimination angle).
Recruiter pro tip
HMRC's NMW enforcement is the most powerful underused tool. It's free, anonymous (initially), and the penalties for employers (200% of arrears, plus naming) make settlement quick. Many employees don't realise that an annual salary divided by actual hours worked must clear NMW for every pay period. If you work salary + lots of unpaid overtime, calculate this monthly. The April 2026 NMW uplift will likely push more salaried roles into NMW-breach territory.
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