Overtime

Overtime rules for part-time PCS members and general guidance

Recently branch reps have had a number of enquiries regarding part time staff and overtime rates. We clarify the current position with the help of ACAS (Advisory, Conciliation and Arbitration Service) and provide some general background about the PCS stance on overtime for all members.

Overtime rates

The most common query that we hear from part time members is that the department doesn't pay them overtime rates for hours worked over and above their agreed part time week.

"Overtime is usually classed as hours worked over an organisation's regular full time requirement" (in our case 37 hours) and "voluntary overtime is where there is no obligation on an employer to offer overtime and no obligation on the worker to do overtime if it is offered. A worker should not be subject to any detriment for turning down voluntary overtime." (ACAS)

The overwhelming majority of members in the Home Office, if they are offered overtime, will find that it is voluntary.

Working Time Regulations

Despite Brexit all working hours, including overtime, remain governed by the Working Time Regulations. These state that a worker:

• must not work more than 48 hours per week on average, though a worker may choose to "opt out"

• must be allowed at least one day off each week or two days off in a fortnight

• should have 11 hours uninterrupted rest in a 24 hour period

• is given at least a 20 minute break if their shift lasts more than six hours.

These regulations are designed to offer protections for staff against overwork and to support work/life balance. They don't just apply to overtime but to all aspects of our working lives.

Pay when working overtime

There is no legal right to receive an additional payment or be paid at a higher rate for overtime worked. Any payment rates over and above members' standard hourly pay are as a result of negotiations between PCS and the Home Office. However, an employer may offer a higher rate of pay than normal for overtime as an incentive for staff to work the hours which we have seen happen in some parts of the branch over the last few years.

Overtime for part time workers

"Part time workers should not be treated less favourably than full time workers. If a full time worker receives extra or an enhanced rate of pay for overtime, a part time worker should receive the same rate of pay after working the same amount of hours" and "there is no obligation on an employer to pay a part time worker an overtime rate until they have worked the same amount of hours as their full time counterpart." (ACAS)

PCS view on overtime

We often hear criticism of the PCS position on overtime which is equally as often misrepresented. PCS does not oppose the use of all overtime. Some examples of where PCS can understand the need for overtime can be an unexpected short-term spike in work which is not thought likely to develop into an ongoing issue; unavoidable staff absences; or the work of a team being run down and staff are being gradually transferred to other roles. The key here is that it should be to handle "short-term" disruption.

There can come a point, however, when that overtime masks ongoing staffing deficiencies and PCS will start to question the employer about how they intend to handle what is becoming a long-term problem. It is appropriate for the branch to raise such issues both from the perspective of good, permanent jobs for Merseyside but also it is one of the roles of PCS to do what we can to ensure the employer pays due attention to the health and safety of our members and so we will press for compliance with the Working Time Regulations from which we do not recommend that members opt out.

PCS should be consulted by the employer if overtime is to be offered to members. Sometimes this doesn't happen. If overtime is being offered in your work area click here to let us know and we will speak to management to clarify their intentions if we haven't done so already.