Mr B Cunningham v Sainsbury’s Supermarkets Limited — 2022

The claimant worked for the respondent as a general assistant/driver at its Calcot store. The tribunal found that, during the period from 1 November 2019 to 7 February 2021, he worked substantial overtime by arriving early or staying late in response to operational demand, and that 186.3 hours remained unpaid. The parties agreed that, if properly payable, the amount due was £1,870.08.

The respondent argued that the overtime had not been agreed in advance and was therefore not payable. The tribunal accepted the claimant's evidence that he obtained agreement before clocking in early or clocking out late, and found that agreement by managers implied agreement that the overtime would be paid. It preferred the claimant's evidence to the respondent's evidence, noting that the relevant line managers did not give evidence and that there was no consistent system for recording or communicating agreed overtime before Kronos approval.

The tribunal concluded that the claimant had a contractual entitlement to be paid for the agreed overtime, that the failure to record it correctly on Kronos did not alter that entitlement, and that the respondent made unauthorised deductions from wages. It ordered payment of the gross sum deducted, £1,870.08.