Claimant v RD&T Limited
Outcome
Individual claims
The tribunal found that while the claimant worked significant overtime hours (397 hours over 5 months) which were known to the respondent, there was no contractual entitlement to overtime payments. The contract specified an annual salary of £27,000 with no overtime provision. Although the claimant alleged a discretionary agreement to be paid in January/February 2025, this did not create a legal obligation as no specific quantifiable amount was agreed. Without a legal entitlement, the wages were not 'properly payable' under Section 13(3) Employment Rights Act 1996.
Facts
The claimant was employed as a Chef de Partie from April to November 2024, initially on an hourly basis then from June 2024 on a salary of £27,000 for full-time hours (173.33 hours/month). Between June and October 2024, he worked approximately 397 hours in excess of his contracted hours, which were recorded on electronic timesheets and approved by his line manager. His contract contained no provision for overtime payment. He alleged the respondent agreed to pay him for these hours when the restaurant closed in January/February 2025, but his employment ended in November 2024 and no payment was made.
Decision
The tribunal dismissed the claim, finding that although the claimant worked the additional hours claimed and the respondent was aware of them, there was no legal entitlement to payment. The contract specified a fixed salary with no overtime provision. While a conversation about payment in January/February 2025 likely occurred, this was discretionary and non-specific, creating no quantifiable legal obligation. Without wages being 'properly payable' under Section 13(3) ERA 1996, no unlawful deduction occurred.
Practical note
A claim for unpaid overtime will fail under unlawful deduction of wages provisions unless the contract explicitly provides for overtime payments or a sufficiently specific agreement creates a quantifiable legal entitlement—vague discretionary promises are insufficient.
Legal authorities cited
Statutes
Case details
- Case number
- 8002074/2024
- Decision date
- 24 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- RD&T Limited
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Chef de Partie
- Salary band
- £25,000–£30,000
- Service
- 6 months
Claimant representation
- Represented
- No