The United Road Transport Union, R (on the application of) v Secretary of State for Transport [2013] EWCA Civ 962 (29 July 2013)

The United Road Transport Union, R (on the application of) v Secretary of State for Transport [2013] EWCA Civ 962 (29 July 2013)

The principle of equivalence does not apply because both sets of rights derive from EU law, not domestic law, and the relevant Directives intentionally treat mobile workers differently. The principle of effectiveness is not infringed because the enforcement regime under the 2005 Regulations, including criminal penalties and VOSA enforcement, does not render the exercise of rights practically impossible or excessively difficult. No additional civil remedy is required by EU law.

Citation
[2013] EWCA Civ 962
Parties
Appellant/claimant: The United Road Transport Union; Respondent/defendant: The Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
29 July 2013
Procedural Posture
Judicial Review / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Judicial Review, Working Time Regulations, Principle of Equivalence, Principle of Effectiveness, Employment Tribunal Access, Enforcement of EU Directives
Administrative Law Employment Law European Union Law Judicial Review Working Time Regulations Principle of Equivalence Principle of Effectiveness Employment Tribunal Access +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

The United Road Transport Union

Appellant/claimant

The Secretary of State for Transport

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the refusal to introduce secondary legislation providing commercial road transport workers with access to an employment tribunal breaches the principle of equivalence or effectiveness under EU law.

Ratio Decidendi

The principle of equivalence does not apply because both sets of rights derive from EU law, not domestic law, and the relevant Directives intentionally treat mobile workers differently. The principle of effectiveness is not infringed because the enforcement regime under the 2005 Regulations, including criminal penalties and VOSA enforcement, does not render the exercise of rights practically impossible or excessively difficult. No additional civil remedy is required by EU law.

Court Disposition

appeal dismissed