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Update 43 - The possible implications of this judgment are in no way limited to offshore workers.

The Employment Appeal Tribunal (EAT) has decided, by a majority, that annual leave could be taken during onshore ‘field breaks’.

In terms of the Working Time Regulations 1998 (WTR) employees are, presently, entitled to a minimum of 4.8 weeks annual leave per year, which is due to be increased to 5.6 weeks annual leave per year from 1 April 2009.

The Employment Tribunal in Aberdeen upheld the employees’ claims. It held that annual leave could not be taken from field break periods, which was not time when employees were required to work. Therefore annual leave could only be taken during offshore time. The employers appealed against the decision of the Employment Tribunal.

 To read the full transcript of the judgment you can click here.

Expert Comments for Update 43 - One might ask – if an employee who works 12 weeks on, 12 weeks off can be forced to take his annual holidays during his periods of 12 weeks off, what is there to stop an employer requiring employees who work a more traditional pattern of 5 days on, 2 days off to take their annual holidays at the weekends? This particular division of the EAT appears to conclude that there is nothing to stop such a practice.