Law firm Holmes Mackillop says that reports that Scots police officers are set to take legal action to recoup costs of unpaid overtime highlights the fact that, in the UK and Scotland, there is currently no automatic entitlement to overtime pay.
Noting that The Scottish Police Federation said it has retained senior counsel ready for a battle over the 15 minutes of ‘goodwill’ given up by officers arriving early to get ready, Holmes Mackillop solicitor Robbie McAdam said that, while there is currently no automatic entitlement to overtime pay, employers must ensure that employees do not work more than 48 hours per week, as this would violate the Working Time Directive 2003.
“While many employees in the UK choose to opt out of the Working Time Directive, employers must still ensure that the additional hours worked do not result in the employee earning less than the national minimum wage,” he said.
“Employers must ensure that employees are paid at least the minimum wage for the hours they work, including any overtime and should be particularly careful that working long hours doesn’t inadvertently lead to the employee’s pay falling below this threshold, especially if the employee works overtime, as this could expose the employer to liability.”
McAdam says it is common for employment contracts to include a clause outlining the terms of overtime.
“Employees who are unsure about their entitlement should review their employment contract to confirm whether overtime work will be compensated,” he said.
“Including a clear overtime clause in employment contracts helps employers set expectations with employees and reduces the risk of costly legal disputes and reputational damage which may arise from overtime pay disputes.”
