Bond Pearce

In an important and helpful decision for employers, the Supreme Court has today decided that offshore workers can be required to take their holiday during their onshore breaks.  In Russell and others v Transocean International Resources Ltd and others, the employees worked on offshore oil and gas installations and worked a pattern of two weeks offshore followed by two weeks onshore (known as a "field break").  They therefore worked 26 weeks out of every 52 and were paid for 52 weeks.  They were mainly free from work-related obligations during the whole of their field breaks.

Under the Working Time Regulations, an employer can require a worker to take annual leave on particular days.  The issue in this case was whether the field breaks onshore should count towards the employees' annual leave. 

The employees contended that their annual leave should be taken from periods when they were offshore, whereas the employers maintained that the field breaks were rest periods, as they were not working time, so paid annual leave could be discharged during field break/onshore part of their rotation.

The Supreme Court upheld the decision of the Inner House of the Court of Session and agreed with the employers.  The Supreme Court refused a request for a reference to the Court of Justice of the European Union, which means that this is the last word on the matter.

This decision goes wider than the offshore oil and gas sector and will apply to any sector (such as education) where workers are required to take their holiday at specific times of year.

 

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