The Employment Appeal Tribunal (EAT) has reached a decision which can only be described as a devastating blow to offshore workers. The fight for the entitlement to paid leave, which in turn would deliver a reduction in the punishing annual hours worked and provide an improved work life balance, has been stopped in its tracks with a decision that is difficult to comprehend. This decision has been reached despite the primary objective of the legislation being to improve health and safety. The decision does nothing in that respect.
In 1998, the Working Time Directive was finally applied in the UK extending statutory rights to paid leave for almost all workers, albeit offshore workers would have to wait a while longer. During the following five years the draughtsmen of UK legislation toiled to come up with a revised directive which would allow the provisions of the regulations to be extended offshore. In August 2003 they finally achieved their goal and the regulations were extended to cover the long suffering offshore troops who work more hours annually than any other area of manufacturing/engineering.
Despite this, and despite the offshore industry securing a number of significant 'opt-outs' (derogations), the employers opted to fight the application of paid leave entitlement. In February 2008 an Aberdeen Tribunal ruled that workers did have an entitlement to paid time away from work, albeit only 2-weeks, but the EAT has now undone that and has effectively said there is no entitlement. The EAT has agreed with the employers appeal in arguing that the current work/rest cycle of 2-on 2-off allows any paid leave to be incorporated into existing 'field break' periods - the non-worked part of the 2x2 cycle.
OILC/RMT will now look at the legal options. Ideally we would opt to go straight to the European Court as we know we have the support of EU Commissioners, the people who put this legislation together. However, challenging the "law" is never that simple and we could be looking at - The Court of Session, in Scotland - then on to The House of Lords, before finally reaching the EU arena. All of this will take a great deal of time and will not come cheap. Many workers may have retired before this is resolved!
We will explore every avenue of the law through political lobbying, and any other routes to achieve your goal. But the real power lies with YOU.
Whether you want paid leave because you don't currently have any; or whether you currently enjoy a good work cycle like 2x3 and you want to protect it; you must act now. Our Norwegian colleagues have demonstrated what can be achieved through a 'collective' where they have pulled together as one for the better of all. They have enjoyed the benefit of a 2x4 cycle and higher rates of pay for several years now. They realised early on that they were - Stronger Together. Do not wait around thinking someone else will look after this, YOU have to look after this and we can assist you, but we cannot do it without you.
Jake Molloy, the Regional Organiser for the OILC section of RMT said; "This decision beggars belief! It is perverse to suggest that draughtsmen would spend several years putting together extensive legislation which, if Lady Smith is to be believed, provides absolutely nothing! This decision should put every offshore worker on alert. Anything currently in place providing a more favourable shift pattern, for example a 2-on 3-off rota could now be withdrawn.
"We are getting reports that BP's plans for a 2x3 cycle for contract staff are now being reconsidered and in the current climate who knows how many other operators may look again at shift patterns. Everyone is exposed - those that have a deal are looking at potential cuts, those who have no additional leave but are currently receiving some kind of compensatory payment could be looking at the loss of those bonuses etc.
"I would urge every offshore worker to think long and hard about how they propose to fight for their rights or else how they can protect what they have. The bottom line is - they can't do it alone! We will continue the fight through the courts and will appeal this decision, but workers must take account of how exposed and vulnerable they are, especially in the current climate."
You can read the full decision on this site just click on the decision.
We are fighting to improve your lot, with your support we can make it happen! We are - STRONGER TOGETHER.