Shavina21
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#1
Report Thread starter 3 years ago
#1
The European Union adopted a (fictitious) directive in 2007 which prohibits van drivers from driving more than 9 hours a day. The deadline for implementing the directive was January 2010. The UK government has refused to implement what it considers to be a ‘nanny state’ legislation. There is already a (fictitious) British legislation encouraging employers to minimise as much as possible stress and fatigue in employment.



Geoff works for the Post Office. Due to pressure from his manager to meet deadlines, he has been known to drive for 9 or 10 hours a day without a break. Sebastian works for ‘Parcel Delivery Ltd’. The company is well known for its slogan that it can deliver any parcel in the blink of an eye. Around the Christmas period, Sebastian normally finds himself on the road for more than 11 hours. Geoff and Sebastian feel absolutely exhausted and suffer from various forms of stress. Geoff is told that if he cannot meet his deadlines he will be dismissed. A common friend tells them about the directive.



Advise Geoff and Sebastian whether the directive has direct effect and what other legal avenues they may pursue against their employers or the state on this matter. Your answer should consider direct effect, indirect effect and state liability.
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Mimir
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#2
Report 3 years ago
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Please read the sticky for this section, don't just post a question scenario.

Thanks.
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