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?

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