(1)Where an employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, there are for the purposes of this Act normal working hours in his case.
(2)Subject to subsection (3), the normal working hours in such a case are the fixed number of hours.
(3)Where in such a case—
(a)the contract of employment fixes the number, or minimum number, of hours of employment in a week or other period (whether or not it also provides for the reduction of that number or minimum in certain circumstances), and
(b)that number or minimum number of hours exceeds the number of hours without overtime,
the normal working hours are that number or minimum number of hours (and not the number of hours without overtime).
Modifications etc. (not altering text)
C1S. 234 applied (prosp.) by Education and Skills Act 2008 (c. 25), ss. 5(5), 173(4) (with ss. 62(1)(5)(6), 64(1)(5)(6))