Paying for additional hours? Check your contract

02 June 2025

This case should be required reading for anyone in the transport industry, where variable hours are the norm. The EAT ruled in Brake Bros Ltd v Mr S Hudek that an employee was not entitled to additional pay for hours worked in excess of his normal working hours.

This case illustrates the importance of ensuring that your employment contracts clearly state when overtime is payable, and when it is not. This is because courts and tribunals cannot use implied terms over express terms.

The Claimant’s contract required him to work five shifts a week. It was standard that a shift would take nine hours, with a requirement “to work such hours for each working shift as are necessary for the proper performance of your work duties”. Overtime was paid for any extra half or full shift worked only.

The Claimant’s shifts were an average of over ten hours. The Claimant brought an unlawful deduction from wages claim on the basis that he should be paid pro rata for the additional hours he worked. The Employment Tribunal agreed in the first instance. However, the EAT held that the contractual terms were clear in that he was entitled to a basic salary for working five shifts per week and that he would only be entitled to overtime payments if he worked an extra full or half shift.

Need support reviewing or updating your contracts? Contact Backhouse Jone’s Employment Team today for practical, legally-sound advice.

This article was written by Gabrielle Scriven.