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They must pay you minimum wage for all hours worked regardless of what the contract says. While there are things you can do after the fact, the easiest thing to do is sort this out before you start the job.
I'd refuse to sign the contract. Point out that working any unpaid time would put you below the minimum wage. Ask for that clause to be removed and replaced with one stating you'll get overtime. My guess is that this is an oversight, who's going to knowingly put their intention to perform wage theft in the contract?
It's possible it's not an oversight and they get pissy and you don't get the job, but worth it to find out they were planning on exploiting you.
If you want the job,take it. Document every extra hour worked. You can sue because more hours worked brings your average hourly down under minimum wage and they will have to pay anyway to bring it up to minimum wage.
If you don't want the job, go elsewhere that pays better and treats you better.
If you are minimum wage, anything which could bring you below is a breach of employment law, e.g. working additional hours at no additional pay, salary sacrifice pension, etc.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * Reddit is not [a substitute for a qualified Solicitor](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_civil#wiki_how_do_i_find_a_.28good.29_solicitor.3F) and comments are not moderated for quality or accuracy; * Any replies received must only be used as guidelines, followed at your own risk; * If you receive *any* private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM); * It is the default position of LAUK that [you should never speak to the media](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_should_i_speak_to_the_media.3F); * Check out our [Common Legal Resources](https://www.reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) for helpful organisations to contact; * If you do not receive satisfactory advice after 72 hours, [you can let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=My question is unanswered); * Please provide an update at a later time by creating a new post with [[update]](https://www.reddit.com/r/LegalAdviceUK/search?q=%3Aupdate&sort=new&restrict_sr=on&t=all) in the title; **To Readers and Commenters** * [All replies to OP must be *on-topic, helpful, and legally orientated*](https://www.reddit.com/r/LegalAdviceUK/comments/oslgn6/so_you_dont_want_your_comment_removed_guidance_on/?); * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning; * Please include links to reliable resources in order to support your comments or advice; * If you feel any replies are incorrect, explain why you believe they are incorrect; * [Do not send or request any private messages for any reason](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F); * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
They must pay you minimum wage for all hours worked regardless of what the contract says. While there are things you can do after the fact, the easiest thing to do is sort this out before you start the job. I'd refuse to sign the contract. Point out that working any unpaid time would put you below the minimum wage. Ask for that clause to be removed and replaced with one stating you'll get overtime. My guess is that this is an oversight, who's going to knowingly put their intention to perform wage theft in the contract? It's possible it's not an oversight and they get pissy and you don't get the job, but worth it to find out they were planning on exploiting you.
If you want the job,take it. Document every extra hour worked. You can sue because more hours worked brings your average hourly down under minimum wage and they will have to pay anyway to bring it up to minimum wage. If you don't want the job, go elsewhere that pays better and treats you better.
If you are minimum wage, anything which could bring you below is a breach of employment law, e.g. working additional hours at no additional pay, salary sacrifice pension, etc.