I have a friend who works in the service industry and she as standard works anti-social hours (which increases her hourly rate by 50p) and also despite being contracted to do 24 hours per week, she is regularly doing an extra 12 hours per week which means she's working 36 hours per week.
Her contract states that any holidays will be paid at basic rate (i.e no account for anti-social hours usually worked) and no account for average overtime done.
Does she have any recourse to insist her employer take account of the fact she is paid anti-social and overtime hours on a regular basis? Any examples, including case law, would be really useful.
My friend works in the United Kingdom and the contract would be governed by English Law.