Annual Leave Of Offshore Workers

The Inner House Of The Scottish Court Of Session Has Held, In T.L. Russell & ors v Transocean International Resources Limited & ors, that annual leave for offshore workers can be taken out of onshore "field breaks", thus choosing to follow the 2009 ruling of the Employment Appeal Tribunal ("EAT").  This decision has been one eagerly awaited by the offshore oil & gas industry, and is being met with significant relief by employers in the sector.

These cases have been ongoing for several years.  In March 2008, the Aberdeen Employment Tribunal had decided that offshore workers were entitled to paid annual leave under the Working Time Regulations 1998 ("WTR") proportionate to the time spent working offshore and that field break could not count as holiday under the WTR.  However, in March 2009, the EAT held (by a majority) that, provided the employer followed the requisite counter notice process under the WTR, providing for annual leave in field break would be in keeping