The Appellant appealed against a decision of the Employment Tribunal dismissing his claim for unlawful deduction of wages. He contended that his contract of employment required him to do 20 hours of overtime per week for which he was entitled to be paid at time and a half. The Respondent argued that a collective agreement was incorporated in the Appellant’s contract of employment, and that, as a result of negotiations between the Respondent and the relevant trade union, the rate for 12 hours of that overtime had been reduced from time and a half to single time.
The Employment Appeal Tribunal held that while the collective agreement was expressly incorporated in the Appellant’s contract of employment, the revised term about overtime premiums was not apt for incorporation. It allowed the appeal.
Citations:
[2019] UKEAT 0261 – 18 – 2305
Links:
Jurisdiction:
England and Wales
Employment
Updated: 10 July 2022; Ref: scu.638495