The United Road Transport Union, R (on the application of) v Secretary of State for Transport

The United Road Transport Union, R (on the application of) v Secretary of State for Transport

The principles of equivalence and effectiveness are not breached because both sets of rights derive from EU law, and the enforcement regime under the 2005 Regulations, including criminal penalties and VOSA enforcement, is effective and does not render assertion of rights practically impossible or excessively difficult. No additional civil remedy is required by EU law.

Parties
Appellant/claimant: United Road Transport Union; Respondent/defendant: 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
Principle of Equivalence, Principle of Effectiveness, Working Time Regulations, Enforcement of EU Directives, Access to Employment Tribunals
Employment Law Administrative Law European Union Law Principle of Equivalence Principle of Effectiveness Working Time Regulations Enforcement of EU Directives Access to Employment Tribunals

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Parties

United Road Transport Union

Appellant/claimant

Secretary of State for Transport

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Road Transport (Working Time) Regulations 2005 breach the principle of equivalence by not providing mobile workers access to an employment tribunal
  2. 2 Whether the Regulations breach the principle of effectiveness by making it practically impossible or excessively difficult for mobile workers to enforce their rights

Ratio Decidendi

The principles of equivalence and effectiveness are not breached because both sets of rights derive from EU law, and the enforcement regime under the 2005 Regulations, including criminal penalties and VOSA enforcement, is effective and does not render assertion of rights practically impossible or excessively difficult. No additional civil remedy is required by EU law.

Court Disposition

appeal dismissed