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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
x2boys · 19/06/2026 11:13

Stressedoutmummyof3 · 19/06/2026 10:01

Thanks for the replies. I thought it must be unlawful because she isn't getting minimum wage if she does unpaid overtime. The trouble is it's a job that you really can't just say I finish now I'm going home because of ratios and because my DD and I'm sure most of the other staff actually care about the children and want them to be safe. Unfortunately that's what management are relying on.
I can't believe they are struggling money wise, it's a massive company and they have nurseries abroad too. If it was a small nursery I'd assume it was about money.

I used to be a nurse and this wasernt uncommon
But we did get Time owing for when we had to stay behind
You say staff cant just walk out
But they might have their own child care issues, caring responsibilities etc.

dizzydizzydizzy · 19/06/2026 12:23

Wishitsnows · 19/06/2026 08:13

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

Yes, I believe this is true (but I’m not a lawyer). I can remember Sports Direct losing at court due to paying below minimum wage. They were making their staff have a compulsory security check before they went home but were not paying the staff for this time.

Original poster
Stressedoutmummyof3 · 19/06/2026 12:56

Elieza · 19/06/2026 10:50

i’d suggest the late parents should pay the overtime! or a nominal sum that’ll sharpen them up to picking up on time.

so it might be helpful if that convo is held with the manager to see if she agrees.

That could stop the recurring late parents in future from thinking “oh i’ll just pick up the dry cleaning on the way and be ten mins late as the nursery wont mind” Yeah they will and itll cost you x amount.

The staff aren't staying late because of parents (well not every time) but because the staff do shifts so some start at 7 and then the staff come in between then and 9:15. So they finish between 4 and 6 and parents can pick up at any time. So if someone finishes at 4 but not enough children have gone home they have to stay later until enough children have gone home to keep the room in ratio.
Management used to pay them for this but without any discussion have said they're not paying anyone for overtime 😡

OP posts:
emmetgirl · 19/06/2026 13:02

No they can not.

mrsbowes · 19/06/2026 13:16

Stressedoutmummyof3 · 19/06/2026 12:56

The staff aren't staying late because of parents (well not every time) but because the staff do shifts so some start at 7 and then the staff come in between then and 9:15. So they finish between 4 and 6 and parents can pick up at any time. So if someone finishes at 4 but not enough children have gone home they have to stay later until enough children have gone home to keep the room in ratio.
Management used to pay them for this but without any discussion have said they're not paying anyone for overtime 😡

Show quote history

This is a management problem not a staff problem.

If management say they don't pay after eg 4pm then your daughter needs to leave at 4pm on the dot. If the room is over ratio then the manager needs to come in and cover or call parents to collect.

aliceyyyy2654 · Yesterday 12:03

dizzydizzydizzy · 19/06/2026 12:23

Yes, I believe this is true (but I’m not a lawyer). I can remember Sports Direct losing at court due to paying below minimum wage. They were making their staff have a compulsory security check before they went home but were not paying the staff for this time.

Show quote history

They still do this btw

dizzydizzydizzy · Yesterday 12:05

aliceyyyy2654 · Yesterday 12:03

They still do this btw

Show quote history

They’re not paying their staff for the time spent on security checks?

Rubyslipperswitch · Yesterday 12:05

No. They need to pay at least minimum wage.

Report the company to HMRC for breaking minimum wage laws...

aliceyyyy2654 · Yesterday 12:47

dizzydizzydizzy · Yesterday 12:05

They’re not paying their staff for the time spent on security checks?

Show quote history

Nope, every member of staff must be checked at the end of their shift, bag searched etc and this time is after they clock out. Takes maybe 5-10 minutes

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