The Union appealed against refusal of judicial review of decisions of the defendant to refuse to accede to the claimant’s request that there be introduced secondary legislation having the effect of providing for commercial road transport workers a civil remedy (in particular in the form of access to an employment tribunal) if they were required to work in contravention of regulations providing for breaks and rest periods, in line with the access to a tribunal which is available for the generality of other workers in a comparable situation. What is said is that the refusal to introduce any such secondary legislation in respect of commercial road transport workers breaches either the principle of equivalence; or the principle of effectiveness; or both.
Held: The appeal failed.
Jackson, Elias, Davis LJJ
[2013] EWCA Civ 962
Bailii
England and Wales
Transport
Updated: 17 November 2021; Ref: scu.513709
