In Arriva London South Ltd v Nicolaou [EAT/0293/11], Mr Nicolaou was a bus driver who worked an average of 38 hours per week. His employer introduced a policy that it would not offer any overtime to a bus driver unless they signed an opt-out agreement.
Mr Nicolaou claimed that he had been subjected to a detriment because he had not signed an opt-out agreement. The EAT disagreed.
The reason why Mr Nicolaou was not offered any overtime was in order to implement a policy. The policy complied with reg. 4(2) of the Working Time Regulations (WTR) – because it was a reasonable step to ensure - that Mr Nicolaou did not work more than an average of 48 hours per week.
Comment
Was a blanket ban on overtime a reasonable step under reg. 4(2) of the WTR? Mr Nicolaou worked an average of 38 hours per week. Therefore, the employer could have complied with reg. 4(2) of the WTR by allowing Mr Nicolaou to work an average of 10 overtime hours per week.
Mr Nicolaou claimed that he had been subjected to a detriment because he had not signed an opt-out agreement. The EAT disagreed.
The reason why Mr Nicolaou was not offered any overtime was in order to implement a policy. The policy complied with reg. 4(2) of the Working Time Regulations (WTR) – because it was a reasonable step to ensure - that Mr Nicolaou did not work more than an average of 48 hours per week.
Comment
Was a blanket ban on overtime a reasonable step under reg. 4(2) of the WTR? Mr Nicolaou worked an average of 38 hours per week. Therefore, the employer could have complied with reg. 4(2) of the WTR by allowing Mr Nicolaou to work an average of 10 overtime hours per week.
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