Mirror Colour Print (Oldham) Ltd v Kershaw and Another: EAT 20 Oct 2004

Eat Unlawful Deduction From Wages
Terms of a collective agreement were incorporated into employee’s contracts of employment. Employees contended that the working of the ordinary defined shift pattern under the contract involved working more than the contractual hours and hence they were entitled to overtime rates for working the ordinary roster. Employment Tribunal accepted employee’s interpretation of collective agreement and terms of employment and held that the failure to pay overtime rates for these hours amounted to an unlawful deduction from wages. EAT held employees interpretation was incorrect and that no term to bring about that result could be implied into the contract. Appeal allowed.


Nelson J


[2004] UKEAT 0154 – 04 – 2010




Updated: 27 June 2022; Ref: scu.219240