Claimant v Index Care Ltd
Outcome
Individual claims
The tribunal found that the contract required additional hours to be authorised before being worked. The claimant worked extra hours expecting payment but there was no prior agreement to pay for these hours. The arrangement was that hours would average 7.5 per week over the year with time off in lieu, not payment for extra hours. The claimant could not unilaterally decide to work extra hours and demand payment without prior authorisation.
The claimant claimed 819 hours of unpaid work totalling £11,466. The tribunal found no contractual agreement to pay for these additional hours. The working arrangement involved balancing hours over the year to maintain eligibility for Carer's Allowance, not accumulating paid overtime. The respondent expected the claimant to manage her hours to average 7.5 per week annually, and there was no evidence of agreement to pay for hours worked beyond this arrangement.
Facts
The claimant was employed as a PR and Communications Manager on a 7.5 hours per week contract at £14 per hour. She received Carer's Allowance which would be lost if she earned over a certain threshold. The arrangement was that she would work extra hours during busy periods and take time off in lieu to balance hours over the year while maintaining eligibility for benefits. The claimant claimed she worked 819 additional hours worth £11,466 that were never paid or offset. The respondent's position was that she was expected to manage her hours to average 7.5 per week annually and that additional hours required prior authorisation.
Decision
The tribunal dismissed the claim. The judge found that the written contract required additional hours to be authorised before being worked, and there was no evidence of prior agreement to pay for the hours claimed. The arrangement was for hours to be balanced over the year through time off in lieu, not paid overtime. The tribunal also found the claimant's evidence unreliable, citing instances where she was not truthful, including suggesting her husband submit false invoices to circumvent Carer's Allowance rules.
Practical note
Employees cannot claim payment for unauthorised overtime worked beyond contracted hours unless there was prior agreement; past work cannot serve as consideration for a subsequent contractual variation requiring payment.
Legal authorities cited
Case details
- Case number
- 6002739/2024
- Decision date
- 27 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Index Care Ltd
- Sector
- healthcare
- Represented
- No
- Rep type
- self
Employment details
- Role
- Public Relations and Communications Manager
- Salary band
- Under £15,000
Claimant representation
- Represented
- No