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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Dunlop Tyres Ltd v Blows & Ors  EWCA Civ 1032 (18 June 2001)
Cite as:  EWCA Civ 1032,  IRLR 629
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
B e f o r e :
(The Lord Woolf of Barnes)
LORD JUSTICE TUCKEY
LADY JUSTICE ARDEN
|DUNLOP TYRES LTD||Respondent/Claimant|
|MR C L BLOWS & others||Appellants/Defendants|
Smith Bernal, 190 Fleet Street, London EC4A 2HD
Telephone 0201 7421 4040
Official Shorthand Writers to the Court)
MR DAVID BEAN QC (instructed by Messrs Anthony Collins, Birmingham B2 5PG) appeared on behalf of THE RESPONDENT
Crown Copyright ©
Monday 18 June 2001
"4. Hours of work
A. All employees are employed on a contractual 37.50 hours per week, except those who have a contract specifying different hours.
F. Overtime hours are hours in excess of the contractual working hours usually worked before the start of a normal shift, hours after the end of a normal shift and extra shifts worked. Overtime premium only becomes payable after the basic hours for the day have been worked.
5. Common Pay Structures
A. The common salary structure will apply to all employees currently in the graded pay schemes and within the bargaining groups at Birmingham, Patricroft and Washington.
E. All employees except Rubberworkers at Fort Dunlop and Washington, who are paid weekly, are paid for a calendar month by transfer to their nominated Bank or Building Society. Calculation of earnings will be made for each month. Monthly salary payment will be on the 15th of each month other than where the 15th falls on a Saturday, Sunday or Statutory Holiday, when payments will be made on the last normal working/banking day prior to the 15th.
F. Gross pay will include -- basic salary, shift premium, incentive earnings, overtime payments, conditions allowances and any other Company payments.
G. Monthly pay statements will be available to employees not later than the 14th of the month detailing gross pay, deductions and net pay for that month. An Engineer, except those on the 21 shift system, will receive a weekly statement giving details of hours worked. Rubberworkers at Fort Dunlop and Washington will continue to receive a weekly work and hour statement.
H. Overpayment or underpayment in gross salary will be corrected in retrospect or at the time of the employee leaving or transferring. Arrangements for repayment will be agreed with the employee.
J. Calculations of:
(1)one day's pay is annual salary divided by 260 days,
(2)one week's pay is annual salary divided by 52 weeks,
(3)the hourly rate is annual salary divided by 52 weeks and divided by contractual hours.
6. Overtime Working and Premiums
A. It is the Company intention to operate within the employee contractual/normal week. In some circumstances, it is recognised that a certain amount of overtime working may be required to maintain Company operating efficiencies and meet the needs of our customers. There will be some jobs, eg Fire and Security where contractual overtime hours will e necessary and these will be specified in the contract of employment for the employee concerned.
B. All overtime for those eligible for payment must be paid for at the appropriate premium.
C. Overtime premium is paid to those eligible employees for hours worked which are in excess of their contractual/normal shift hours (see appendices).
Normal starting time Monday to end of Friday afternoon shift25%
End of Friday afternoon shift to end of Saturday afternoon shift50%
End of Saturday afternoon shift to normal starting time Monday 100%
Statutory/Bank Holidays 100%
Where an employee starts an overtime shift at 2100 hours
1.On Friday night into Saturday 50% premium to be paid for all overtime hours.
2.On Saturday night into Sunday 100% premium to be paid for all overtime hours.
3.On Sunday night into Monday 100% premium to be paid for all overtime hours.
9. Statutory Holidays
A. These are eight days per annum, usually:
New Years DayGood Friday
Easter MondayMay Day
Spring Bank HolidayLate Summer Bank Holiday
Christmas DayBoxing Day
Work on Statutory Holidays
E. An employee who works on a Statutory Holiday is entitled to an overtime premium at the agreed rate for the day and will be granted time off in lieu for the Statutory Holiday.
Statutory Holiday Payment
F. The pay level will be the same as for a normal annual holiday.
G. An employee will receive payment only if the Statutory Holiday (or substituted day) is a normal rostered working day."
The Contentions of the Parties
"Work on statutory or customary holidays
(i)Staff entitled to overtime payments who work on a statutory or customary holiday will be granted time off in lieu and, in addition, will be paid an overtime allowance of one and two thirds times the hourly rate for all hours worked on a day of statutory holiday.
(ii)If such time off cannot be allowed, within four weeks, then payment of the hourly rate will be made in addition to the overtime allowance and the normal salary."
The Tribunals' Decisions
"I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day it was signed, but by reason of subsequent events meant something different a month or a year later."