EAT Victimisation Discrimination : Interim Relief – WORKING TIME REGULATIONS
Whether employee who had not opted out of 48 hour working week (WTR reg. 4(1)) suffered detrimental treatment when refused the opportunity to work voluntary overtime on a rest day.
Consideration of s.45A ERA and relevant discrimination/victimisation cases.
Held: complaint failed. The reason why he was refused rest day working was not because he refused to sign the opt out but in order to implement a policy, found by the Employment Judge to be reasonable, to ensure compliance with the qualified duty on the employer imposed by reg. 4(2) WTR.
Judges:
Peter Clark J
Citations:
[2011] UKEAT 0293 – 11 – 1212
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 October 2022; Ref: scu.450633