Emma Nugent v Capita Business Services Limited [2018]

The claimant was employed by the respondent as a Disability Assessor and her statement of terms and conditions noted that she “may be required to work additional hours from time to time”. After finding the workload unbearable, the claimant handed in her notice and saw out her notice period. She subsequently submitted her claim which included an amount owed for overtime hours amounting to £5484.88. She alleged that she frequently sent emails to her line manager informing her that she was working excess hours but conceded that she did not make a formal claim for overtime in respect of these as she “did not know how to”.

The respondent disputed both the actual hours claimed as overtime or that