Clamp v Aerial Systems EAT/0266/04

Working time: No detriment following withdrawal from opt-out

Date:

28 January 2005

In Clamp v Aerial Systems, the EAT holds that, 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.