UK: 48 hour working week - employers can rely on reasonable policy to refuse overtime to non-opted out employees

It is lawful for employers to adopt a reasonable policy of refusing overtime to employees who have not opted out of the 48 hour maximum working week.  This is not unlawful detriment on the ground of refusing to sign an opt out, according to a recent EAT decision.

The reason for refusing the overtime was to enforce a reasonable policy aimed at complying with working time law, and not because of the claimant's refusal to sign the opt out.

The EAT was bound by the tribunal's finding that the employer's policy was reasonable.  It is perhaps this element of the decision which might not be followed in future cases, given that in practice the claimant's hours were nowhere near the working time limit.  The assumed reasonableness of the policy was a critical part of the EAT's reasoning. (Arriva London South v Nicolaou, EAT).