| In the recent case of Brake Bros v Hudek, the Claimant lorry driver was contracted to work five shifts per week for which he was paid a salary. Each shift was 9 hours long (later increased to 9.4 hours) but the Claimant’s contract stated that he would be required to work such hours on each shift as were necessary for the proper performance of his duties. If he worked an extra half shift (at least 4.5 hours), then overtime became payable. If he worked beyond the length of his shift but less than an extra half shift, then the Respondent did not pay him any extra. The Claimant claimed that wages were due to him for any time worked beyond his normal shift length, even if it was less than half a shift.
The Employment Tribunal upheld his claim for unlawful deductions from wages, holding that there was an implied term that the Claimant’s working hours should be averaged and that he should be paid for any hours over the standard shift length. The Respondent appealed. The Employment Appeal Tribunal, upholding the appeal, held that the contract of employment entitled the Claimant to his basic salary for working five shifts per week of variable length. There was no need (on either a business efficacy basis or to reflect the unexpressed intention of the parties) to imply a term that the Claimant would be paid for hours worked in excess of his intended normal working hours other than when the express overtime provisions kicked in. |
