Are there different rates of pay that apply for overtime worked on different days of the week?

Rates of pay are a matter for the employment contract with your employer and any relevant collective agreement, although your average basic pay must be at least the National Minimum Wage.

How overtime working is dealt with should be spelled out in your contract of employment and in any overtime policy. Your contract should normally specify higher pay rates for overtime, depending on how anti-social and demanding the shifts are.

Staff do not have a statutory right to double pay on Sundays for example, but there may be a right to this written into the contracts of employment.

If there is no reference to different levels of overtime payments but you or others have consistently and automatically been paid at higher rates in the past, then the courts might decide that an implied term, based on custom and practice, exists in your contract of employment.

The best way to secure better hourly rates for overtime worked during anti-social hours is to join a union and get together with your co-workers to organise and make the case to your employer around this issue.

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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