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Working time: No detriment following withdrawal from opt-out

This report relates to 1 case(s)

Key points

In Clamp v Aerial Systems, the EAT holds:

  • In a case where the applicant withdrew his consent to opt out of the maximum 48-hour week set by the Working Time Regulations 1998, the applicant had not suffered a detriment within the meaning of s.45A of the Employment Rights Act 1996.
  • As a result of the varied contract, the shorter hours were to be regulated, and travelling time excluded from the total number of hours. This was simply a consequence of the necessary variation of the applicant's contract after he withdrew consent, and was not a detriment.
  • Requiring the employee to await instructions at a different location - alleged to be a detriment - was not substantial or material.