The UK’s Employment Disputes Regulations implement the 2018 Directive, but it looks like the two don’t exactly align. I’ve also looked into the requirement in the Directive for public transport providers to issue certificates of delay. The UK doesn’t seem to have done anything to implement that bit of the directive as the Secretary of State for Transport believes “existing industry practice already conforms with the Directive”. Could one of you please draw up a memo addressing the following questions:
• Does the 2018 Directive have any direct or indirect effect that can be used against Sunshine Desserts?
• Can we use the 2018 Directive to force Western Rail to issue a certificate of delay?
• If the answer to either of the above is “no”, might we be able to bring a state liability action against the UK Government? Thanks, Ally. A lison McBeal MA, GDL, LPC Associate Solicitor, Beaverbrook and Sons
T: 020 776 64466 | E: a.mcbeal@beaverbrooks.co.uk 6 Phoenix Street, Nightsville, P12 KAY
Assistant: Ms Claire Otoms, T: 020 776 64683, E: c.otoms@beaverbrooks.co.uk
Subject: Employment Dispute Date: Monday, 3 February 2020 at 18:09:31 Greenwich Mean Time From: Reginald Perrin <reggie_perrin@gmail.com> To: Alison McBeal CC: Client Management; <EU Division (Trainees)>
Good evening, Ms McBeal,
Thank you for taking my case. I’m afraid I’m in something of a pickle.
I work for Sunshine Desserts. The company is owned and run by my boss, C.J.
Every day I walk from my house at 12 Coleridge Close to Sutton station, where I get the train to work. You know trains are like though – it doesn’t matter how early I leave I ALWAYS seem to arrive 11 minutes late!
Tuesday, 4 February 2020 at 9:45:45 AM Greenwich Mean Time
Page 2 of 2
C.J. has had enough. I got an email from him the other day saying “I didn’t get where I am today by tolerating lateness on the part of my employees” and he’s initiated disciplinary proceedings against me. I think he wants to sack me.
I did some Googling and I think this new EU Directive means C.J. isn’t allowed to sack me if my lateness isn’t my fault, but he says that’s not what the law says.
I also asked Leinster Rail for a certificate of delay, so that I could prove to C.J. that my lateness isn’t my fault, but they said they’re not obliged in law to give me one.
I just don’t know what to do. Can I rely on this Directive or not?
Yours sincerely,
Reggie.
