Working Time Employment Appeal Tribunal - Day 2 17th December.
Day 2 of the appeal tribunal was a busy and complex day of legal argument. The day began with Mr Hendy QC representing the OILC/RMT members, summing up the union argument for 4-weeks paid leave. Mr Hendy's summary led to lengthy debate over the issue of whether all time spent offshore was working time, and if so, what this equated to by way of 'compensatory rest'. Mr Hendy had to concede that even if all time was work, then current field breaks would not be entirely used up as compensatory rest.
Mr Kavanagh, representing the employers, placed great emphasis on this seeking to show there was sufficient time in the field break time for paid leave/holiday. This was countered by Mr Stafford QC, acting for Unite members, who argued that whether or not field break was rest time, we argue that holiday can only be taken from a time that would otherwise be worked.
Mr Kavanagh then went on to point to the importance of the issue about all time offshore being working time, as this could have very serious consequences if the 48-hour working week were altered at the European Courts. After a great deal more argument, the Tribunal adjourned to consider the issue. On returning, the Tribunal declared they would not be considering the issue of whether all time was working time. Instead, they would only deal with the issue of claims for holiday and what constituted a period of paid leave. However, the Tribunal pointed out that in considering this, cognisance would have to be taken of the need for rest.
The Tribunal continues today when the employers will present their arguments against the provision of holiday entitlement. In the meantime, the European Court has ruled that the UK must drop the "opt-out" provision which allows workers to work more than 48 hours in any one week when averaged out over the relevant time reference period, which in the case of offshore is a one year period. This then is an issue the industry will have to deal with within the next 3 years.
ENDS.