UNPAID OVERTIME

by  Best Bear Employment Expert, and Director of Is:Hr Michele Payne

According to the TUC, workers in the UK are doing 2 billion hours of unpaid overtime a year... costing an estimated 1 million jobs.

According to latest research, workers carried out over two billion hours of unpaid overtime last year, or the equivalent of a million full-time jobs.  The research showed the extra work was worth approximately £29.2 billion to the UK economy, with workers in London and the South East doing the most unpaid work.

The figures from Labour Force Survey Summer Quarter 2011 found 5.3 million workers put in an average of 7.2 hours of unpaid overtime a week last year, worth around £5,300 a year per person.  The number of workers doing unpaid overtime has increased by more than a million since records began in 1992, when 4.2 million people regularly did unpaid overtime, to 5.3 million people in 2011.

Some obvious questions coming from this research are:  

·         Are excessive hours of unpaid overtime holding back job creation?”∙ 

·          Can we assume from these findings that some employers are forcing their staff to work extremely long hours, with little regard for their health and well-being?

·         Do the figures merely demonstrate our commitment to stay and get the job done? 

Accurate answer to such questions would require more detailed research and therefore, in the meantime, as Britain has some of the highest average hours worked per week among EU countries, with our workforce spending more time at work than most of Europe, employers and employees should be aware of what the current legislation says: 

Your hours worked should be as stated in your contract of employment.  If you find yourself regularly working over and above your contracted hours you should speak with your employer.  Your employer is legally obliged to adhere to the European Working Time Directive (The 48 hour week) - The weekly maximum working hours.

Adult workers cannot be forced to work more than 48 hours a week on average - this is normally averaged over 17 weeks. You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week.

Your working week is not covered by the working time limits if you have a job:

·         ∙where you can choose freely how long you will work (e.g. a managing executive)

·          In the armed forces, emergency services and police -in some circumstances∙

·         as a domestic servant in private houses (sadly this includes nannies)∙

·         as a sea transport worker, a mobile worker in inland waterways or a lake transport worker on board sea going fishing vessels 

Opting out of the 48 hour week

If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing.

You shouldn't be sacked or unfairly treated (for example refused promotion or overtime) for refusing to sign an opt-out. You can cancel your opt-out agreement whenever you want - even if it is part of your employment contract. However, you must give your employer at least seven days’ notice.

It is important you know your rights. Overtime must not be excessive and must, at all times, be voluntary.