Working hours /rest on nights out

What he is doing is legal, we can agree?
If he is finishing at the depot, does he book off at 4? Then come back in at 1 in the morning wanting pay?
.
If parking up early an employment contract should pay for minimum agreednumber of hours per day, but here he is IMHO taking the mickey.
If he hates nights out and is trying to get out of them? Change jobs.