Arriva London South Ltd v. Nicolaou [2010] UKEAT 0280_10_2211 (22 November 2010)

Arriva London South Ltd v. Nicolaou [2010] UKEAT 0280_10_2211 (22 November 2010)

The Employment Tribunal failed to address the relationship between the Respondent's absolute and qualified duties under the Working Time Regulations and section 45A, specifically regarding reasonableness. The appeal is allowed and the matter remitted to the same Judge for determination of this relationship.

Citation
[2010] UKEAT 0280_10_2211
Parties
Respondent: Arriva; Appellant: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
22 November 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal judgment set aside and remitted.
Legal Topics
Working Time Regulations, Detriment for Asserting Statutory Rights, Employment Rights Act 1996 S.45 a
Employment Law Working Time Regulations Detriment for Asserting Statutory Rights Employment Rights Act 1996 S.45 a

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Parties

Arriva

Respondent

Claimant (unnamed)

Appellant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Claimant suffered a detriment for refusing to forego protection against working more than 48 hours under the Working Time Regulations
  2. 2 Relationship between Respondent's absolute duty to allow protection and qualified duty to take reasonable steps under WTR when considering s45A

Ratio Decidendi

The Employment Tribunal failed to address the relationship between the Respondent's absolute and qualified duties under the Working Time Regulations and section 45A, specifically regarding reasonableness. The appeal is allowed and the matter remitted to the same Judge for determination of this relationship.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside and remitted.

Orders

  • Matter remitted to the same Employment Judge to determine the relationship between Respondent's absolute duty and qualified duty under WTR and s45A, specifically regarding reasonableness.