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Employment: Offshore workers – “field breaks” count toward

19 January 2012 |

An important decision for the oil and gas industry – the Employment Appeal
Tribunal (“EAT”) has reversed a previous decision that “field breaks”
(time spent onshore by offshore workers) cannot count towards statutory
minimum holiday entitlement.

Decision

The EAT held that offshore workers can be required
to take annual leave during field breaks, provided employers comply
with the notice procedure specified in the Working Time Regulations
1998 (“WTR”).  The EAT stated it was irrelevant that industry work
patterns meant employees would not otherwise have been working during
field breaks.  The crucial point being that employees are not obligated
to work during field breaks and are free to take annual leave in this
period.

Actions required

To comply with the notice requirements employers of offshore workers should either:
•    give employees advance notice at the start of each leave year that annual leave must be taken during field breaks; or
•    establish collective agreements or workforce agreements which state when annual leave must be taken; or

include an express provision in each individual contract of employment
that annual leave must be taken to coincide with field breaks.

Resources

Craig and another v Transocean International Resources Ltd UKEATS/0029/08/MT

For further information please get in touch.

Disclaimer

Content is for general information purposes only.  The information provided is
not intended to be comprehensive and it does not constitute or contain
legal or other advice.  If you require assistance in relation to any
issue, please seek specific advice relevant to your particular
circumstances.

Disclaimer

Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.

Circular 230 disclosure

To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The author


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