A long-awaited court case for the offshore industry concerning the UK Working Time Regulations (WTR) reached a conclusion on 7th December 2011. Workers can be directed to take their annual leave during a scheduled field break. The decision was issued with the leading judgement being given by Lord Hope.
The release of the judgement from the Supreme Court in the case of Russell and others v Transocean and others has resulted in a success for the employers. As part of a legal team, Paull & Williamsons has been representing the Respondent employers from the outset.
The Supreme Court held that workers in the offshore sector could be directed to take their annual leave from time that was already scheduled time off within their rota (i.e workers can be directed to take annual leave during their scheduled field break) and that paid annual leave under WTR does not require as a matter of law to come from time when a worker would otherwise be working.
Sean Saluja, partner of the Employment Law Division, said that employers in the offshore sector can now insist that annual leave is taken during normal field break/rotational work patters.
Paull & Williamsons is Aberdeen's largest commercial law firm and is a market leader in the oil & gas and commercial property sectors.