What your overtime is worth at time and a half, double time, or any rate your contract sets.
The thing worth knowing before you start: there is no statutory right to a higher rate for extra hours in the UK. Time and a half comes from your contract, not the law.
The short version
- No statutory premium
- There is no legal right to a higher rate for extra hours. Time and a half comes from your contract.
- The one legal floor
- Total pay divided by total hours must not fall below the minimum wage for your age.
- Premiums do not count
- The overtime premium is excluded from the minimum wage test. Your basic rate is what is checked.
- The 48-hour week
- An average over 17 weeks, not a hard weekly cap. You can opt out in writing; under 18s cannot.
- Holiday pay
- Regular overtime must be included in holiday pay for at least the first four weeks of leave.
Common questions
Does my employer have to pay overtime?
Not at a higher rate. There is no statutory right to time and a half or any premium in the UK — it comes from your contract. What your employer cannot do is let your average pay across all hours worked fall below the minimum wage for your age.
Does overtime count towards the minimum wage?
The basic pay for those hours does; the premium does not. So if you are paid £11 basic and £16.50 for overtime, the minimum wage test uses £11. A high overtime rate cannot bring a low basic rate up to the minimum.
Should overtime be included in my holiday pay?
Regular overtime must be included for at least the first four weeks of leave, following Bear Scotland and later cases. Genuinely occasional overtime need not be. If your holiday pay is always exactly your basic rate and you work overtime most weeks, that is worth querying.
Can I be forced to work overtime?
Only if your contract requires it, and only within the working time limits. You cannot be required to exceed an average of 48 hours a week over 17 weeks unless you have signed an opt-out, and you can withdraw that opt-out with notice.
Is overtime taxed at a higher rate?
No. It is taxed at your marginal rate like any other pay. It can feel higher if a big overtime month pushes you temporarily into a higher band under PAYE, but that evens out across the year.
What is time off in lieu worth?
Whatever your contract says. Some schemes give an hour off for an hour worked, others match the overtime multiplier. Neither is required by law, and unused TOIL is not automatically paid out when you leave unless the contract says so.
What the terms mean
- Time and a half
- One and a half times the basic hourly rate. A convention, not a legal entitlement.
- The extra above basic pay. Excluded from the minimum wage calculation, which is why a high overtime rate cannot rescue a low basic one.
- Guaranteed overtime
- Overtime your employer must offer and you must work. It counts towards holiday pay in full.
- Voluntary overtime
- Overtime you can decline. It still counts towards holiday pay if worked regularly enough to be part of normal remuneration.
- Time off in lieu (TOIL)
- Paid time off instead of overtime pay. Whether it is offered, and at what rate, is a matter for your contract.
Guides on this subject
-
Overtime pay rules in the UK: what you are actually entitled to
There is no legal right to extra pay for overtime in the UK. What your contract controls, and what the…
-
Minimum wage: what counts, and how underpayment happens
The rate on your contract is not what the law measures. How the minimum wage is actually calculated, and the…
-
Timesheet rounding rules: when is it legal to round hours?
Rounding clock-in times is common in UK payroll and not automatically unlawful. What makes it lawful, and why rounding down…
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