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.