Arriva London South Ltd v Nicolaou concerned a bus driver who complained that his employers were imposing an unlawful detriment when they withdrew rest day overtime from him. The decision was made under a policy of only giving overtime to those workers who had agreed to opt out of the 48 hour maximum working week. The policy was designed to ensure compliance with the rule on maximum working hours under the Working Time regulations.

His Honour Judge Peter Clark, sitting alone in the Employment Appeal Tribunal applied the test that it was necessary to establish the “reason why” an employer had acted in the way it had. Continue reading →