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 – 2112
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 October 2022; Ref: scu.450276