Employment Law

Eighth edition

by Deborah Lockton

Update for Chapter 7

Employment Protection

This update was last revised in October 2012
7.9 Right not to suffer a detriment

After the discussion please note

In Arriva London South Ltd v Nicolaou [2011] UKEAT 0293/11/RN the claimant had declined to opt out of the 48 hour week and so his employer did not offer him overtime. He claimed that he was suffering a detriment for asserting his right to decline to opt out. The employer argued that given he had stated he did not want to exceed 48 hours average a week it was merely endorsing its policy to allow him to maintain that right. The EAT agreed. It could hardly be argued that the employee was suffering a detriment by the employer adhering to a policy to enable him to exercise his right to keep his working hours to 48.