Flexitime

A. Unless you have a contractual agreement that untaken flexitime will be paid, it’s unlikely you are entitled to be paid for it. This issue was considered by the Employment Appeal Tribunal (EAT) in the case of Vision Events (UK) Ltd v Paterson EATS 0015/13.

In that case, a technician who had previously been entitled to overtime pay was put on to a flexitime scheme under which he could take time off in lieu of his extra hours instead of being paid.

After he was made redundant, he brought a claim for unauthorised deduction of wages under section 13 of the Employment Rights Act 1996 in respect of the hours that he had not recovered.

The EAT said he was not entitled to be paid. There was no express term that he would be paid, and it was not possible for such a term to be implied into the contract since it was not necessary for “business efficacy” to make the contract work.