When is overtime recoverable?
Where the worker can prove they would have worked the overtime but for the injury. Contractual or 'guaranteed' overtime is the simplest case. Voluntary overtime is recoverable where there is a pattern of regular working over a meaningful period — typically a year or more of payslips — and a continuing demand for it.
Evidence required
12 months of payslips before the accident; the contract of employment specifying overtime arrangements; rota or roster records; comparator evidence from a colleague in the same role who continued to work overtime over the same period; and a statement from the employer or a payroll manager confirming the worker would have been offered overtime.
Past lost overtime
Calculated to the date of settlement. Net overtime (after tax, NI, pension) is multiplied by the period of incapacity. Adjustments are made for any periods of paid sickness absence or statutory sick pay that already replaced part of the income.
Future lost overtime
Projected to retirement (or the date of expected recovery, whichever is sooner) using the Ogden Tables multiplier. Future overtime is treated more cautiously — the court assesses how likely the overtime pattern would have continued in light of the worker's age, the employer's ongoing demand, and any restructuring.
Common defence arguments
Defendants commonly argue that voluntary overtime might have ended, the employer's demand was falling, or the worker would have stopped doing it. These can usually be rebutted by clear evidence — multi-year payslip patterns, employer demand letters, and comparator evidence from colleagues.
Can I claim if my overtime was voluntary?
Yes, where you can show a regular pattern over a sustained period and that the overtime would reasonably have continued. Courts routinely allow recovery for voluntary overtime in transport, NHS, and manufacturing roles.
Does receiving sick pay reduce my overtime claim?
Statutory and contractual sick pay are deducted from the past loss calculation but do not extinguish it. Sick pay almost always falls short of full earnings including overtime.
Should overtime be calculated gross or net?
Net — after tax, National Insurance, and pension contributions. The principle is restoration of net income.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.