Working Time Regulations: Clamp -v- Aerial Systems

• Author:
• Daniel Barnett

The Employment Appeal Tribunal, in quite a short judgment, has decided an important point which has vexed practitioners since the Working Time Regulations were introduced in 1998.

Under the WTR, an employee has a right to work a maximum 48-hour week (averaged over a relatively lengthy period of time). He can opt-out of the right if he wishes, but cannot be subjected to a detriment if he refuses to opt out.

Employers and solicitors have been concerned that employees can insist on the same sa... (166 more words)

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