A fictional directive (the Directive) adopted by the European Union in 2016 gives employees the right to take exercise during the working day.

Article 1 of the Directive states: 'Member States shall take effective measures to ensure that sufficient space and equipment is provided by all large employers to enable employees to exercise at work.'

Article 2(1) defines a large employer as anyone employing over 30 people. Article 2(2) provides that sufficient space means the capacity to enable 5% of the employer's workforce to use the gym and its equipment at any given time.

According to Article 2(3), the equipment provided must, in order to be considered 'sufficient', include at least one of each of the following items for every 10 employees: trampoline; stationary exercise bike; Nordic trainer; rowing machine.

Article 3 (1) states that every employee must be allowed at least 45 minutes a day of work time to exercise with no loss of salary. Under Article 3(2), any applicable work rotas must take the requirements of Article 3(1) into account.

The deadline for Member States to implement the Directive was 31 October 2017. Member States are required to notify the European Commission of all measures adopted in order to comply with the Directive's requirements.

The government of Brexita (a fictional Member State) voted against the Directive, which conflicted with its liberal approach to social policy. In September 2017, the Brexita government asked the national Confederation of Industry to take due account of the Directive. Brexita did not notify the European Commission of this step. No legislative measures were adopted to implement the Directive. An existing Brexitan law requires all employers to look after their employees' well-being.

Fatboy Slym works for CraftySweets, a Brexita manufacturing company employing 93 people. His daily work shift runs from 0700-1600 with one hour-long break for lunch and two short "tea breaks". He asks his foreman, Iron Jim, for a 45 minute exercise break. Iron Jim responds "We have no exercise breaks here. Besides CraftySweets' meeting hall has no gym equipment." Iron Jim refuses to let Fatboy Slym leave the shift.

Aspira, an industrial manufacturer in Brexita, employing 180 workers, has a special contract with the Brexitan government to supply gym equipment to all Brexitan primary schools. Slymgirl Punch works for Aspira. She asks for time off to exercise at Aspira's well-equipped and spacious gym. She is allowed time off but only at half-pay. She sues Aspira, but the lower courts dismiss the case on the basis that Brexitan law does not confer a right to full pay in these circumstances. On appeal, the Brexitan Supreme Court upholds the lower court's ruling, refuses to refer any questions to the Court of Justice and orders Slymgirl Punch to pay Aspira's legal costs.

Advise Fatboy Slym and Slymgirl Punch as to their rights and remedies, if any, under EU law.