An aerospace engineer employed by the Ministry of Defence is having some work-related difficulties and is thinking about commencing proceedings against their employer. (Fictitious) Directive 2020/456 (“the Directive”) states that all aerospace engineers must be paid overtime rates at no less than three times the regular hourly The Directive became operative during the implementation period (“IP”). The (fictitious) Aerospace Engineers Act 1980 (“the Act”) states that all overtime worked by aerospace engineers must be paid at no less than twice the regular hourly rate. The engineer sometimes works overtime and, under the terms of their contract of employment, is paid twice his regular hourly rate of pay. The engineer is dissatisfied with this but when they complained, their employer pointed out that this overtime rate complies with the Act.
The engineer would like to know if they have any cause of action against their employer under EU law.
