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Employer and employee rights on overtime pay in England

Overtime is a regular feature of working life in England, helping businesses manage busy periods while giving employees the chance to earn extra income. At times rules surrounding overtime are not always clear. Rights and obligations depend on employment contracts, workplace policies and employment law. Understanding how these interact is key for both employers and employees to ensure fair treatment and avoid potential disputes.

What is overtime?

Overtime simply means any work done beyond an employee’s normal contractual hours. These hours are usually set out in the employment contract, though they can sometimes be implied by custom and practice.

Overtime can be compulsory or voluntary. Compulsory overtime may be guaranteed, where extra hours must be offered and worked, or non-guaranteed, where hours are offered as needed but must be accepted. Voluntary overtime gives employees the choice to accept or decline extra work. The type of overtime usually depends on the terms of the contract and company policies.

There is no automatic right to extra pay for overtime. Whether additional hours are paid depends on the employment contract. If a contract sets an overtime rate, such as time and a half or double time, the employer must pay it. If not, payment is at the employer’s discretion, as long as average pay does not fall below the National Minimum or Living Wage. For salaried staff, contracts often state that the salary covers all reasonable extra hours, but employers must still ensure overall pay meets the legal minimum.

The Working Time Regulations

The Working Time Regulations 1998 (WTR) set legal limits on working hours and entitle workers to rest breaks. Employees cannot be required to work more than an average of 48 hours a week over a 17-week period unless they have signed an opt-out agreement.

Workers must have at least 11 consecutive hours of rest every 24 hours, one full day off each week (or two every fortnight), and a 20-minute break during shifts longer than six hours. Night workers are limited to an average of eight hours in any 24-hour period.

Employees cannot be forced to opt out or penalised for refusing, and rest break entitlements apply regardless of any opt-out.

Employer responsibilities

Employers have broader responsibilities when managing overtime, they must ensure overtime arrangements comply with employment contracts and the law. Employers are legally required under the WTR to keep records showing compliance with working time limits and rest breaks, and to apply overtime opportunities fairly without discrimination.

Holiday pay must also reflect regular and consistent overtime, even if voluntary, to ensure workers are not paid less than usual when on annual leave. Irregular or one-off overtime is generally excluded.

Employee rights

Employees are entitled to be paid for overtime in line with their contract, and they can refuse to work more than the 48-hour average weekly limit unless they have opted out. They are also entitled to the daily and weekly rest periods guaranteed by the WTR and to rest breaks during their working day. An employee cannot be dismissed or treated unfairly for refusing to work hours that would breach these limits.

For many employees, it is also important to understand how overtime affects holiday pay, redundancy pay and pension contributions. Overtime may count towards redundancy pay and pensionable pay if it is regular and forms part of normal earnings, though this depends on the scheme rules in the case of pensions.

Understanding the rules around overtime helps both employers and employees maintain fairness, compliance and good working relationships. For further information or advice please contact Hannah Funnell on 01628 962232 or email Hannah.funnell@blasermills.co.uk.

Chambers 2026 results announced

Blaser Mills Law is delighted to share its results in the 2026 Chambers UK Legal Directory. Chambers UK is a leading legal guide that recognises the top law firms and lawyers across the country based on in-depth research and client feedback.

Corporate: Band 3
Blaser Mills Law’s Corporate team continues to be recognised for its expertise in domestic and cross-border transactions, advising clients across a wide range of sectors. Clients praise the team’s responsiveness and practical approach.

‘They were highly responsive considering the very tight time frame. Their advice was always spot on.’
‘The team had a pragmatic approach and kept things simple.’

Edward Lee: Band 1
Head of Corporate and Commercial, Edward Lee, has once again achieved a top-tier ranking for his expertise in Corporate/M&A. Clients commend his straightforward and solutions-driven style.

‘Edward was solution-oriented and pragmatic.’
‘It was very easy working with Edward Lee.’

Crime: Band 2
Blaser Mills Law’s Crime team has been recognised for its expertise in representing clients across a broad range of criminal matters, including serious motoring offences and regulatory investigations. The team is praised for its responsiveness and commitment to client care.

Ben Langley: Band 2
Consultant Ben Langley continues to be ranked for his work within the Crime team. Clients value his approachable nature and strong support throughout challenging cases.

‘Ben offers good client care.’

Employment: Band 4
The Employment team continues to be recognised for its pragmatic and business-focused advice, achieving a Band 4 ranking in Chambers UK 2026. Clients value the team’s commercial understanding and clarity of communication.

‘Absolutely superb and excellent! They understand how differing factors can affect our business goals, enabling them to fully tailor their legal advice so that it best meets our objectives.’
‘Their clear, concise information meant we always felt like we were one step ahead.’

Noel Deans: Band 4
Head of Employment, Noel Deans, has once again been recognised for his exceptional expertise and client service. Clients praise his balanced, strategic approach and ability to combine calm professionalism with clear, effective advice.

‘Noel provided the right balance of strategic and tactical advice with an outstanding level of finesse and calm in his approach. I was truly impressed and extremely satisfied.’
‘Noel is absolutely amazing on all levels – he is a superstar!’
‘His insight, knowledge and service were exemplary.’
‘He is very, very impressive – engaged, enthusiastic and strategically capable of seeing the bigger picture.’

Family & Divorce: Band 3
Blaser Mills Law’s Family & Divorce team continues to be recognised for its sensitive and practical handling of complex family matters. The team is known for its pragmatic and constructive approach.

‘Blaser Mills Law takes a practical and pragmatic approach to matters.’

Lucinda Holliday: Mediation spotlight
Head of Family and Divorce, Lucinda Holliday, has been recognised in the Mediation Spotlight for her calm, reassuring approach and her ability to keep matters progressing smoothly.

‘Lucinda Holliday is immensely reassuring to clients. She’s able to identify the issues, make sure the case goes smoothly and is very good at pushing matters forward.’
‘Lucinda is very smart, with quick intellect and a very pleasant manner.’

Naim Qureshi: Band 4
Senior Associate Naim Qureshi has once again been recognised for his expertise in complex financial and children matters. Clients appreciate his calm presence and thoughtful advice.

‘Naim Qureshi is a very sensible and clever solicitor.’
‘Naim is just such a reassuring presence. He’s very calm and has got a very gentle hand on the tiller.’

Real Estate – Band 3
Blaser Mills Law’s Real Estate team has been recognised for its strong commercial property expertise and client-focused service. The team advises a wide range of clients on acquisitions, disposals and development projects.

‘They have a dedicated division to deal with matters with speed, accuracy, pragmatism and total knowledge of the area of expertise.’
‘We appreciate Blaser Mills’ communication, speed of response and level of expertise.’

Congratulations to all those recognised in this year’s guide. Thank you to our clients for their feedback and ongoing trust in our firm.

DIY probate risks

When someone dies, their estate (their physical and digital property, money and possessions) usually needs to go through a legal process called probate. In England and Wales, probate is the way the court confirms that a Will is valid and gives the executors the authority to deal with the estate. If authorised a certificate known as a ‘Grant of Probate’ is given.

If there is no Will, the intestacy rules apply, and a similar process is applied through what is known as ‘letters of administration’.

Some people decide to apply for probate themselves, but many choose to work with a solicitor. Dealing with probate on your own, often referred to as ‘DIY probate’, can seem like a way to save money but in reality, it can bring challenges and risks that are not always obvious at the start.

What probate involves

Probate is more than just a formality. It is the process of confirming that a Will is valid and gives executors the legal authority to carry out their duties in the management, transfer and sale of assets. Without it, banks, building societies and other institutions will not usually release funds or transfer property and executors are unable to carry out the wishes of the Will.

Applications can now be made online in most cases. If the estate is worth more than £5,000, there is a court fee of £300, while no fee is payable below this threshold.

Why people consider DIY probate

The most common reason is cost. Some also feel that, if an estate appears straightforward, it may not need professional involvement. In practice, however, even simple estates can hold unexpected complications and mistakes can often escalate into unwanted delays and costs.

Where difficulties can arise

Probate places significant responsibilities on the executor. They must calculate and pay any inheritance tax, settle any debts or expenses and deal with the estate assets in line with the Will or intestacy rules. This can become more complex where Trusts are involved and are required to be registered, set up and managed post death.

Before distribution can be made, executors must also take consideration in relation to any tax returns to HMRC for income tax and capital gains tax applicable for the estate.

If errors are made, the executor can become personally liable.

Areas where problems often arise include:

  • Inheritance tax, income tax and capital gains tax which can be complex, even for modest estates
  • Understanding legal wording in Wills
  • Ensuring all debts are identified and settled before making distributions
  • Handling property matters, particularly where there are mortgages or shared ownership
  • Managing relationships between beneficiaries, which can sometimes be sensitive

When DIY probate may be less of a risk

If an estate is very small, contains no property, has only a few beneficiaries and no tax to pay, it may be possible for an executor to handle matters themselves. Even then, it is important to know when a grant of probate is required and follow the official guidance carefully to understand the responsibilities involved.

Value of professional support

Working with a solicitor brings peace of mind. It can save considerable time and stress, and it means that complex issues are handled correctly from the start.

A solicitor can deal directly with HMRC, Land Registry, DWP, the Probate Registry and answer any legal or tax questions, helping to protect the executor from personal risk.

Probate is an important process that ensures an estate is dealt with properly and fairly. While it is possible to manage it yourself, professional advice often makes the journey smoother, protects against mistakes and provides reassurance at what can be a difficult time.

If you are facing probate and would like to discuss the best way forward, our team is here to guide you through every step.

For further information or advice please contact Jack Williams on 01494 478606 or email jack.williams@blasermills.co.uk.

Blaser Mills welcomes Niamh Minihane as Partner

We are delighted to welcome Niamh Minihane to Blaser Mills Law.

Niamh joins us as a Partner in our Wills, Trusts & Probate team. A highly experienced private client solicitor, she has over 20 years’ experience advising individuals and families on complex estates and succession planning.

Recognised as a Next Generation Partner in the Legal 500 for her expertise, Niamh brings a wealth of knowledge to the firm. Based in our Marlow office, she will play a key role in supporting the continued growth of our Wills, Trusts & Probate department.

We warmly welcome Niamh to Blaser Mills Law and look forward to the contribution she will make to our clients and the team.

Blaser Mills sponsors Stoke Park bonfire night

We’re delighted to be headline sponsors of Stoke Park’s Bonfire and Fireworks Night, a much-loved annual event that brings people together from across Buckinghamshire.

It’s a pleasure to support such a fantastic community occasion, and we look forward to what promises to be an unforgettable evening of fireworks and celebration.

A big thank you to Stoke Park for their hospitality.

Tickets are now on sale and can be purchased here: Stoke Park Bonfire Event 2025 Tickets, Sun, Nov 2, 2025 at 4:30 PM | Eventbrite

Standish v Standish: five key principles

The recent Supreme Court decision in Standish v Standish has provided welcome clarity on how the courts distinguish between matrimonial and non-matrimonial property on divorce. This distinction is often central to financial proceedings, particularly where one spouse enters the marriage with significant wealth or receives assets by inheritance or gift. The judgment sets out five key principles.

1. The distinction between matrimonial and non-matrimonial property

Matrimonial property is built up during the marriage through the couple’s joint efforts. Non-matrimonial property usually refers to assets owned before the marriage, or those received through inheritance or gift.

2. The sharing principle only applies to matrimonial property

The court’s starting point of equal sharing does not extend to non-matrimonial assets.

3. Matrimonial property should normally be shared equally

Although there can be reasons to depart from equality, fairness requires an equal division of assets generated by the marriage.

4. Non-matrimonial property can become matrimonial

This process, called “matrimonialisation”, happens when a couple’s conduct shows they have treated an asset as shared over time.

5. Tax planning does not usually mean sharing

Where an asset is transferred between spouses purely to save tax, this does not normally amount to matrimonialisation. The intention is tax efficiency, not joint ownership.

Conclusion

The principles in Standish v Standish underline the importance of understanding how the courts treat different types of property. For separating couples, the case confirms that wealth created during the marriage will normally be shared equally, while inherited or pre-marital assets are more likely to remain separate unless clearly treated as shared.

For further information or advice, please contact Naim Qureshi, Senior Associate in the family and divorce team on 01494 781356  or email naim.qureshi@blasermills.co.uk.

Blaser Mills achieves top tier Legal 500 2026 recognition

Blaser Mills is proud to announce its latest Legal 500 rankings for 2026, showcasing both new achievements and continued recognition across a wide range of practice areas in London and the South East.

For the first time, the firm has been ranked in London > TMT (Sport), entering at Tier 6. Joshua Easterbrook, Colin Smith and Becky Cooper have all been named as Recommended Lawyers. This marks a significant step forward for the firm’s growing Sports practice.

‘A boutique sports practice offering an impressive range of experience across a multitude of sports. They have a number of really excellent institutional clients.’

‘Josh Easterbrook is very impressive for his relative junior status, and he understands the needs of institutional sports clients.’

In the South East, the firm has retained strong positions across key practice areas:

Employment: Tier 1

  • The Employment team has retained its Tier 1 ranking for many years.
    ‘The team at Blaser Mills have a diverse knowledge base, they are active in the local community, and they have a great business understanding enabling excellent client relationship skills.’
  • Noel Deans has retained his status as a Leading Partner.
  • Hannah Funnell has been newly recognised as a Recommended Lawyer.
    ‘Hannah Funnell always responds promptly to emails and enquiries, she is efficient and has provided a very competent and professional service.’

Personal tax, trusts and probate: Tier 1

  • The team has once again retained its strong Tier 1 ranking.
    ‘The Blaser Mills team are highly professional, technically strong and friendly in their approach.’
  • Jonathan Gallop has retained his status as a Leading Partner.
    ‘This practice is local to us in Marlow and provided an excellent, professional, prompt service. The solicitor we dealt with, Jonathan Gallop, was well-informed, prepared to discuss our options, and offered relevant advice which we found most helpful.’
  • Minesh Thakrar has been newly recognised as a Next Generation Partner.
  • Karen Woodison has retained her Recommended Lawyer status.
    ‘Karen Woodison is outstanding. Karen provides excellent advice, adopting a friendly, patient and supportive approach. Karen is highly knowledgeable and provides great guidance, particularly when making wills, which is a complex subject.’
  • Heenal Chhipa-Gadday and Kathy James have both been newly recognised as Recommended Lawyers.

Corporate and commercial: Tier 2

  • The team continues to retain its Tier 2 ranking.
  • Edward Lee continues to be recognised as a Leading Partner.
  • Colin Smith continues to be recognised as a Key Lawyer.

Family and divorce: Tier 2

  • The team has retained its Tier 2 ranking.
    ‘The appeal of Blaser Mills is their ability to handle HNW and low value cases really in the same breath, with no drop in service standard of quality. They punch above their weight compared to other firms in the Thames Valley and offer the kind of service comparable to central London firms.’
  • Sadie Glover is newly listed as Practice Head and as a Key Lawyer.
  • Lucinda Holliday has achieved a new ranking as a Leading Partner.
    ‘Lucinda Holliday is a supreme litigator. She guides clients expertly, settling cases when they need to be settled, but not shying away from a fight.’
  • Naim Qureshi has retained his recognition as a Leading Partner.
    ‘Naim Qureshi is a very sensible, experienced and thorough lawyer who is able to get to the crux of the issue.’
  • Kate Jones continues to be recognised as a Key Lawyer.
    ‘Kate Jones is incredibly conscientious and hard working for her clients. She goes above and beyond not only to make sure her clients get the best possible outcome but also to make sure they feel supported and able fully to participate in their proceedings. Her client care is second to none in the private law sector. She’s particularly careful to ensure that any counsel instructed are the right “fit” for the client and the case.’

Commercial property: Tier 3

  • The team has retained its Tier 3 ranking.
    ‘What sets them apart is their ability to balance legal expertise with a client-focused approach. Their responsiveness is particularly noteworthy and queries are addressed promptly and efficiently, which is not always easy to find in the legal sector. This reliability makes them an invaluable partner, particularly in complex or time-sensitive matters.’
  • Louise Benning, with Jacqueline Craig and Sarah Harley are recognised as Key Lawyers.
    ‘Jacqueline Craig and Sarah Harley stand out for their exceptional commitment and client-focused approach. Working with them feels like having an extension of my own team—they are not just providing legal support but actively collaborating to achieve the best outcomes.’


‘What truly sets them apart is their reliability and efficiency. I can trust them to handle matters with precision and deliver results on time, making them an integral part of any project. Their proactive and solution-oriented approach makes a significant difference compared to other firms, reinforcing why Blaser Mills remains a top choice.’

Contentious trusts and probate: Tier 4

  • The team has retained its Tier 4 ranking.
    ‘Their attention to detail is unmatched – no stone is left unturned, ensuring I’m always well-informed and prepared for what’s ahead. What I appreciate most is their responsiveness and genuine commitment to my case. It’s clear they care deeply about achieving the best possible outcome, and their thorough approach gives me confidence every step of the way.’
  • Matthew Whipp continues to be recognised as a Key Lawyer.
    ‘Working with Matthew Whipp has truly been a remarkable experience. What sets them apart is not just their deep legal knowledge, but their ability to translate complex legal concepts into clear, actionable advice. From the start, Matthew took the time to fully understand my specific situation, offering thoughtful solutions that were both strategic and practical.’

    ‘Matthew Whipp’s deft client handling and empathetic approach make him ideal in dealing with complexities. Clients always know that he is on their side, and his legal knowledge is impressive to match. Robust with opponents, commercial with his advice – Matthew is exceptional.’

Clinical negligence: Tier 4

Property litigation: Tier 4

Commercial Litigation

Congratulations to everyone involved and thank you to our professional contacts for the amazing feedback. These results demonstrate the depth and breadth of expertise across the firm, with recognition for both business and private client services.