Claimant v London Borough of Croydon
Outcome
Individual claims
The tribunal found the claimants were contractually entitled to be paid double time for all hours worked on bank holidays, including overtime hours above their 36-hour contracted week. They had only received double time for normal hours and single time for additional hours. The respondent's manager had failed to process the additional hours as overtime when requiring claimants to work extended shifts on bank holidays, resulting in underpayment.
Facts
Two General Assistants at Croydon Crematorium were contracted to work 36 hours per week but were regularly required to work extended shifts (9-11 hours) on bank holidays instead of their normal rota. They received their normal salary plus a 100% enhancement for bank holiday working, but were not paid overtime for the additional hours above 36 per week. The respondent argued they had been paid correctly under their contracts, while the claimants argued they should have received double time for all hours worked on bank holidays, including the overtime hours.
Decision
The tribunal found the claimants were contractually entitled to overtime payments for hours worked beyond 36 per week, and that bank holidays should be paid at double time for all hours including overtime. The tribunal awarded two years of back pay (£1,252.89 for Mr Barkass and £664.74 for Ms Wright) and stayed claims preceding January 2023 pending an appeal on the application of the 2-year statutory limit.
Practical note
Employers must ensure that collective agreements on overtime and enhancements are properly interpreted and applied, particularly where shift patterns require additional hours on bank holidays beyond contracted weekly hours.
Award breakdown
Legal authorities cited
Case details
- Case number
- 2300121/2025
- Decision date
- 26 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- General Assistant (Croydon Crematorium)
- Service
- 12 years
Claimant representation
- Represented
- No