to think my employer is taking advantage

[vinegarpuss]

Have a 35 hour a week contract -trying to say that now first 5 hours worked on top of that are unpaid and no time can be claimed back in lieu. So basically 5 hours free labour.

Most contracts for professionals state contracted hours and any additional hours that the job requires with no overtime pay at all.

..and no time in lieu.

Check your contract - if it has the clause Trixymalixy has said, then there is nothing you can do (even if they haven't used that clause before). However, if it is not in your contract, then you can refuse to do it. Totally depends on your contract of employment.

trixy, the op isn't complaining about not getting overtime pay, she's complaining about getting no pay, working for free! No, that's not on, quite sure this would be legally unenforceable as unfair terms. Who the fuck works for nothing?!

I would say it depends on your job?

What do you do?

Sorry, meant to add that the particularly salient point of the op was the word 'now', implying that the boss is seeking to amend the terms of a previously agreed contract without the op's permission. My boss could suddenly decide that I had to wear my knickers over my scrub bottoms, but if it wasn't in my contract when I signed it it's unenforceable unless I agree to the amendment!

She isn't, she is saying that the first 5 hrs overtime is unpaid I think? Many roles don't pay overtime at all, so this is pretty normal.

Unfortunately, IME, once you're past a certain level of seniority, you have a clause in your contract along the lines of 'required to work the hours neccessary to do the job, but you will be remunerated to 35 hrs pw.' I know I do.... :(

agree it depends on contract. if stated in contract, too bad, but if not, refuse to work it.

If you are paid minimum wage then not enforceable as it would take your hourly rate below NMW

Feather bag, I think you'll find that most professionals with that clause in their contract do extra hours a week essentially working for free and without getting the time back. Most are probably paid well to compensate, but the OP hasn't given us enough information to determine whether that is the case for her.

pretty standard over a certain level. That you get paid overtime at all over an extra hour a day is impressive.

i'll need to check the 'small print' of the contract

I know it's causing a war behind the scenes as the union reps have resigned in protest so there must be something afoot

you have to read the small print? i know my contract inside out

it does depend on the job.

If I could claim overtime I would be a rich woman.

Union reps resigning from their union rep position or from their actual job?!?!