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AIBU?

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Original poster

Can a nursery require unpaid overtime from minimum wage staff?

34 replies

Stressedoutmummyof3 · 19/06/2026 08:09

If your company decides to stop paying you overtime can they still make you work the extra hours? It's not me but my DD who's been told this. No pay and no time off. It's shocking. They know the staff won't just walk out at the end of their shift because they work in a nursery so they aren't going to put extra stress on their colleagues or put the kids at risk. I'm pretty sure they are breaking the law because they only get paid minimum wage? So if they do overtime surely that takes them below minimum wage?
If they aren't breaking the law AIBU to say they are taking the piss?
YABU it's the nature of the job
YANBU they should be paid or get time off

OP posts:
MikeRafone · 19/06/2026 08:36

It’s illegal and firms get fined for doing, pulling stunts like this

https://www.acas.org.uk/if-your-wages-are-not-paid/raising-an-issue-with-your-employer

ACAS can give advice on this matter

https://www.gov.uk/overtime-your-rights

possibly print out the government information and leave it on the managers desk as a first step. Give it 7 days and then print out a list of the companies fined and shamed, leave that on the desk. I’d hand it to my manager but your daughter may not have the confidence to do so at first

Raising an issue with your employer - If wages are not paid - Acas

What to do if your wages have not been paid. How to resolve issues with your employer.

https://www.acas.org.uk/if-your-wages-are-not-paid/raising-an-issue-with-your-employer

EmeraldShamrock000 · 19/06/2026 08:31

Is it hours or 20 minutes. I know carers in private care homes can get shafted like this, they finish their shift on the wards but have to fill out daily log, tidy their stuff when the shift ends, 20 minutes daily adds up.

BeardySchnauzer · 19/06/2026 08:31

Yes you report to HMRC. They will go in and work out the hourly rate based on how many hours are actually worked (so records need keeping) and taking into accounts any deductions to pay for costs employee has to cover

LittleGreenDragons · 19/06/2026 08:29

They are breaking the law. Not sure which government department does this, probably HMRC, but they regularly put out a list to media of disgusting employers who flout the law and underpay their workers.

If they insist on DD doing unpaid work I would contact HMRC and Citizens Advice. I'm sure there must be whistle blowing avenues to protect both the workers AND the children.

Edit
This is from AI overview but there were links to gov.uk listing the companies.

The government publishes the official list of employers who break National Minimum Wage (NMW) rules in periodic "naming and shamed" announcements. The most recent list features nearly 400 employers who underpaid around 60,000 workers, owing over £7.3 million in back pay and facing an additional £12.6 million in penalties.

TheOtherSide21 · 19/06/2026 08:23

HR Professional here - no that would take them under NMW and therefore would be unlawful.

NotAnotherScarf · 19/06/2026 08:22

No. There's no such thing as unpaid overtime...it's called taking advantage

Bjorkdidit · 19/06/2026 08:22

They must also receive statutory breaks and annual leave, so cannot be made to work during those times.

Bjorkdidit · 19/06/2026 08:20

No, they must be paid NMW for the hours worked and if not, ACAS can advise on what to do.

Wishitsnows · 19/06/2026 08:13

Yes it would be against the law as they are then paying them below the minimum wage.

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