Arriva London South Ltd v Nicolaou: EAT 22 Nov 2010

EAT WORKING TIME REGULATIONS
S.45A detriment
The Claimant refused to forgo his protection against working more than 48 hours under WTR and so was denied every opportunity to work on rest days for overtime. The Employment Tribunal judgment was set aside and remitted to the same Judge to determine the relationship between the Respondent’s absolute duty to allow the Claimant protection and its qualified duty to take reasonable steps to ensure it did not breach the duty, when considering s45A.

Judges:

McMullen QC J

Citations:

[2010] UKEAT 0280 – 10 – 2211

Links:

Bailii

Employment

Updated: 31 August 2022; Ref: scu.427751