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North Lanarkshire Council v McDonald & anor - Overtime not contractual so EAT overrules unlawful deduction from wages ruling [2007] EAT

The Council has won its appeal against a tribunal judgment that staff employed to attend to emergency road repairs etc had suffered unauthorised deductions from wages. The claim arose as follows. The staff concerned regularly worked 2.5 hrs per week overtime. Contracts were varied in February 2004 so that this overtime became a contractual right and obligation (with holiday pay, sick pay and pension rights adjusted accordingly). It was agreed that any employees who lost out would be "red circled" and receive their prior remuneration for a fixed period.

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