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Blair & Ors v Hotel Solutions London Ltd - No requirement to work overtime, so no entitlement to be paid overtime [2012] EAT

If a contract provides that overtime is voluntary and can only be worked on the employer's request, then an employee cannot somehow create an entitlement to overtime payment simply by working (without being required to do so) longer than their set hours.

The claimants were employed by Hotel Solutions (HS) to work as room cleaners at the Sheraton Hotel. They brought employment tribunal claims alleging unlawful deduction from wages, arguing that they were being told that they must clean 20 rooms per day (whereas prior to a TUPE transfer to HS they had only to clean 15), that this work load meant that they were unable to take their one-hour rest break per day, and that they were having to work overtime (for which they claimed they should be paid) to get their tasks done.

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