Bowden & Ors v. Tuffnells Parcels Express Ltd [2000] UKEAT 622_99_0604 (6 April 2000)

Bowden & Ors v. Tuffnells Parcels Express Ltd [2000] UKEAT 622_99_0604 (6 April 2000)

The court found that, on a literal reading of Regulation 18 and Article 1(3) of Directive 93/104/EEC, all workers in the road transport sector of activity, including non-mobile clerical workers, are excluded from the entitlement to annual leave under Regulation 13. However, due to conflicting policy considerations, lack of clarity in the legislative intent, and the absence of authoritative guidance from the European Court of Justice, the court decided to stay the appeal and refer questions to the European Court of Justice for a preliminary ruling.

Citation
[2000] UKEAT 622_99_0604
Parties
Appellants: Mrs Bowden, Mrs Chapman, Mrs Doyle; Respondent: Tuffnells Parcels Express Ltd
Jurisdiction
United Kingdom
Judgment Date
06 April 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal, Judgment Stayed Pending Reference to European Court of Justice
Outcome
Appeal stayed pending reference to the European Court of Justice
Legal Topics
Working Time Regulations, Annual Leave Entitlement, Sectoral Exclusions, Interpretation of Directives
Employment Law European Union Law Working Time Regulations Annual Leave Entitlement Sectoral Exclusions Interpretation of Directives

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Bowden, Mrs Chapman, Mrs Doyle

Appellants

Tuffnells Parcels Express Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal, Judgment Stayed Pending Reference to European Court of Justice

Legal Issues

  1. 1 Whether clerical workers employed in the road transport sector are excluded from annual leave entitlement under Regulation 13 of the Working Time Regulations 1998 by virtue of Regulation 18
  2. 2 Proper construction of 'sector of activity' in Regulation 18 and Article 1(3) of Directive 93/104/EEC
  3. 3 Whether non-mobile workers in the road transport sector are excluded from the Working Time Directive

Ratio Decidendi

The court found that, on a literal reading of Regulation 18 and Article 1(3) of Directive 93/104/EEC, all workers in the road transport sector of activity, including non-mobile clerical workers, are excluded from the entitlement to annual leave under Regulation 13. However, due to conflicting policy considerations, lack of clarity in the legislative intent, and the absence of authoritative guidance from the European Court of Justice, the court decided to stay the appeal and refer questions to the European Court of Justice for a preliminary ruling.

Court Disposition

Appeal stayed pending reference to the European Court of Justice

Orders

  • The appeal is not concluded; proceedings are stayed pending a preliminary ruling from the European Court of Justice on the interpretation of Article 1(3) of Directive 93/104/EEC and its application to non-mobile workers in the road transport sector.