What unpaid overtime counts as working time?

Unpaid overtime that you are required to work as part of your job is included in your working time. This is a change from the initial position under the Working Time Regulations, and was brought about as a result of union campaigning, including a complaint by trade union Amicus (now part of Unite) to the Court of Justice of the European Union.

Senior managers and executives who genuinely have control over their own working time are exempt from the limits.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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