Paid Overtime or Not

Question

I am looking for some information on standard practice in the UK for a non-management role. 
 Having been self employed for over 20 year as an electrician working mainly on commercial and domestic work I have been offered a full time job in a new warehouse as facilities and maintenance technician. 
 I think it is great opportunity for me, as the company say there will be many opportunities for training/ CPD and the salary is good. Its a new role in the company. 
 The job description states that there will be a " requirement for out-of-hours working for site call-outs, emergency equipment repairs and scheduled maintenance requirements outside of operational hours ". 
 The job ad said " possibility of over-time ". 
 The standard contract that has been sent out states "Your normal working hours are set out in schedule 1. You may be required to vary your normal hours of attendance or to work additional hours from time to time, whether on weekdays, weekends or public holidays, according to the needs of the business. You will not be entitled to any additional remuneration for such additional hours or days worked" 
 I can't get a direct answer out of HR on the way overtime will work and what the rate will be. I am aware that in the UK there is no legal requirement for paid overtime. I am also OK with the idea that overtime will not be guaranteed but will be mandatory if asked (within reason). I suspect because this is a new role for the company the detail has not been worked out. 
 Because of my self-employment status I have no real experience of overtime other than the more I worked the more I earned. So my questions would be.. 
 1. What is normal practice in the UK for non-management technician role in terms of overtime? 
 2. Would the detail of overtime (requirements and rate) be stated in the contract, job description or other policy. 
 I really want the job and am not sure how hard to push HR for a definitive answer.

Andy Millar · Accepted Answer

sparkiemike said: 1. What is normal practice in the UK for non-management technician role in terms of overtime? 
 2. Would the detail of overtime (requirements and rate) be stated in the contract, job description or other policy. 
 1. It varies a lot both in companies and by roles in companies - my experience has generally been that if you're paid an hourly rate you get overtime, if you're paid at a monthly rate you don't. But not always. 
 2. Yes absolutely. If it's not in the contract you're not entitled to it. (And don't believe anything you're told about "we'll sort something out" - if it's not in writing before you start then assume you won't get it. If you do it's a bonus!) 
 I totally agree with Simon, that wording clearly says you will not be paid overtime, so it's worth going back and asking what compensation is offered for these "additional hours", and if it is time off in lieu then it's worth asking for that to be in the contract. But of course they may not do this (although they should!) in which case it's down to you to decide how much you want the job. 
 Also what the job ad and role description say are completely irrelevant. Never ever believe job ads about anything! The company is fully entitled to change it's mind about anything before making a formal offer - and sometimes this can work to your advantage, if they really want you they can offer better terms than the advert says. Only the contract itself is the legal contract. 
 Good luck, 
 Andy

Mark Tickner · Answer

To add to the other comments, my general experience has been that most companies have ben phasing out paid overtime, but the better companies offer some level of flexible working such that you can reclaim your hours. 
 Consider also the legal implications; they need to respect the working time directive [ Maximum weekly working hours: Overview - GOV.UK (www.gov.uk) ]. If they ask you to opt out of the 48 hour week, I'd personally run away as you are not getting paid for overtime. 
 Additionally, you should do a calculation to make sure that you are always getting paid at least the minimum wage. Some sneaky companies will pay over the rate, but add extra hours such that you drop below. This would of course be illegal. 
 Mark

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