These are trying and difficult times for most businesses and many of them are scrappling for labour that is as cheap as possible. Many workers are complaining that their employers are expecting them to go above and beyond. Redundancies and resignations are just some of the reasons workers are required to work harder than ever before, and this is all being compounded by COVID-19 and Brexit, which means workers are scarcer than ever.
But can your employer make you work more than your contracted hours? And what should you do if it happens?
Can my employer make me work more than I am contracted to work?
The answer is no, they can’t. Your employer cannot make you work more hours than you are contracted.
Your contract might say something about overtime, but this should be very clearly described. Usually, your contract will say something like ‘reasonable overtime may be required from time to time, in accordance with the needs of the business’. Most employers include this caveat as standard, as it means if there was an emergency they could call on their staff to help sort it out. But this should not be their excuse to request your work overtime on a consistent basis.
Your employer should clearly set out how overtime is requested, authorised and recorded, and how you will be paid for this overtime.
If you are paid hourly, you must be paid for all overtime worked if your employer has requested it, and you should receive at least your contractual hourly rate for your extra work. This should be at least the National Minimum Wage. Your contract might state that you get paid extra for overtime, especially if this is out of hours.
But this doesn’t mean that you have to accept overtime. If you have an issue with overtime you are being asked to work, speak to your manager about it, especially if it is happening consistently.
I have an issue with overtime, but my employer is not listening
If you have an issue with overtime because it is interfering with your care duties, you might have a case against your employee for discriminating against you, especially if they are unreasonably insisting you work overtime.
The same applies if you have a disability. Your employer has a legal duty to make reasonable adjustment to your overtime and generic work schedule if you request this, and a refusal to do this is discrimination. There are serious penalties for this.
Are there limits to the amount of overtime I can work?
Yes, there are limits to the amount of overtime you can work. Your employer cannot make you work more than forty-eight hours in a week, even if your contract says you can, and even if you do not have a written contract
Your employer might ask you to sign a contract that says you agree to work over the forty-eight hour limit. You have a right to opt out of this agreement at any time, even if your employer tries to pressure you not to do it.
What should my contract say about working hours?
Your contact should go into detail about your working hours and you should be provided with this as soon as you start your job. If your hours and your normal shift patterns are not cited, it is really important you get your employer to stipulate these within your contract, so that there are no arguments later.
Remember, your employee cannot request you work over forty-eight hours a week within your contact. They can ask you to sign a separate agreement to work more than this number of hours, but you can revoke this arrangement at any time.
Flexible working
Perhaps you would be happy to accept extra hours, but you need to do this in a flexible manner. You absolutely have the right to request flexible working, so long as you have been working for an employer for twenty-six weeks or more.
Your employer must give you an adequate reason why you cannot work flexibly, or else they have to grant your request.
Still, we recommend you are cautious before working too hard. Doing so can have life-changing consequences. Working over forty-eight hours a week should be temporary and agreed to on caution.
The issue with working too hard
You’re a human being, and working too hard can have terrible implications on your life. Overworking can cause mental and physical health issues that actually render you unable to work. Burnout is a real thing, and people are reporting it at a more frequent rate than ever before.
We understand you probably want to help your employer and earn yourself a little bit of cash, but don’t do this by damaging your own health.
JMR Solicitors can help
If you are struggling with an employer who is trying to force you to work overtime, JMR Solicitors can help. Call 0161 491 3933, or email info@jmrsolciitors.co.uk.
