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.
Employees whose contractual working hours were 39 hours per week but who, in practice, were required to work six hours' overtime made available to them to the extent of 45 hours per week were not guaranteed that overtime, so holds the EAT in Spence and others v City of Sunderland Council.