Lozaique v Tesco Stores Ltd Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionContracts of Employment, Collective and Trade Union Issues, Policies and Procedures, Pay
The claimant/appellant was employed by the respondent and under his original contract of 2005 he was guaranteed 20 hours of overtime a week, which was to be paid at time and a half of the normal hourly rate.
In 2016, the respondent negotiated with the Union of Shop, Distributive and Allied Workers (‘USDAW’) which reduced the amount for overtime. The contract of employment stated that collective agreements with USDAW would be given effect.
At first instance, the Employment Tribunal found that the agreement was incorporated into the claimant’s contract and paying the reduced amount for overtime was lawful. The claimant appealed this contending that the new agreement was not
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