Tarmac Roadstone Holdings Ltd v M Peacock, B Lockwood and J Young

The facts

The respondents, whose contracts of employment with the appellant company provided that a normal week should consist of 40 hours, regularly worked 57 hours per week. A term in their conditions of employment provided that they should work overtime in accordance with the demands of the industry during the normal week and/or at weekends. They were dismissed for redundancy and claimed that their redundancy pay should be calculated on the basis of a 57-hour working week.