Overtime payments in the absence of an agreement
The court will imply an agreement
Driver v Air India Ltd  EWCA Civ 830
The Court of Appeal with Lord Justice Rix presiding in Driver v Air India Ltd decided whether a court may imply a contractual payment to be applied when the parties have made no prior agreement.
Mr Driver claimed he was contractually entitled to be paid for ad hoc overtime by his employer Air India. The contract however stated that overtime payment provisions were published in "notices and circulars issued by Air India from time to time".
But no such notices had been published although overtime had in fact been previously paid to the Claimant.
The respondent Air India argued that as there notices or circulars had not been issued no contractual duty to pay for overtime existed. However the previous payments needed explanation, which was not forthcoming.
The Court found that even though the contract will not be construed by subsequent conduct, previous overtime payments may be persuasive.
The Court of Appeal's judgment found in favour of the Claimant that in the absence of a contractual payment being specified a reasonable sum will be implied.
|Transcript of the judgement:- Driver v Air India Ltd  EWCA Civ 830||
Overtime payments in the absence of an agreement - Driver v Air India Ltd  EWCA Civ 830
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