Claimant v McMullen and Sons Limited
Outcome
Individual claims
The tribunal found the claimant's complaint of failure to pay overtime as a breach of contract was not well founded. Oral reasons were given at the hearing but the written judgment does not detail the specific reasoning.
The tribunal found the claimant's complaint of failure to pay overtime as an unauthorised deduction from wages was not well founded. Oral reasons were given at the hearing but the written judgment does not detail the specific reasoning.
Facts
Mr Beal brought a claim against his employer McMullen and Sons Limited for unpaid overtime. The case was heard at Watford on 6 June 2025 before Employment Judge French sitting alone. The claimant represented himself and the respondent was represented by their head of human resources.
Decision
The tribunal dismissed both the breach of contract claim and the unauthorised deduction from wages claim relating to unpaid overtime. The judgment states the complaints were not well founded. Oral reasons were given at the hearing.
Practical note
A claim for unpaid overtime can be brought as both a breach of contract and unlawful deduction from wages claim, but must be substantiated with evidence to succeed.
Case details
- Case number
- 3304656/2024
- Decision date
- 9 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No