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Contracts of employment: No implied term in "annualised hours" contract

This report relates to 1 case(s)

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    Ali and others v Christian Salvesen Food Services Ltd [1997] IRLR 17 CA (0 other reports)

In Christian Salvesen Food Services Ltd v Ali and others 18.10.96 Court of Appeal, the Court of Appeal considers an "annualised hours" contract, deriving from a collective agreement, under which employees were paid a standard wage for a notional 40-hour week, but overtime became payable only after 1,824 hours had been worked in a 12-month period. The Court overturns the EAT's decision to imply a term that an employee whose employment was terminated by the employer before the end of the pay year was entitled to be paid the standard hourly rate for the hours actually worked in excess of 40 a week.