| Commentary

(4) Overtime

| Commentary

(4)     Overtime

The meaning of the term 'overtime' and the extent of the employer's obligations in relation to overtime pay were considered by the Court of Appeal in Driver v Air India Ltd [2011] EWCA Civ 830, [2011] IRLR 992. Lord Justice Mummery commented, obiter, as follows (at [128]–[130]):

''“Overtime” is not a defined term in the employment legislation nor is it a term of art at common law. Its meaning and its financial implications will depend on the way the parties have defined it contractually or, in the absence of an express

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