wtd - decision

Working time case decision.

Lady Smith has released the Employment Appeal Tribunal decision on the issue of paid leave entitlement for offshore workers. The decision has upheld the employers appeal, which argued that paid leave, or holidays, can and should be taken during existing field breaks. The typical offshore worker currently works a 2-week on, 2-week off work cycle, a system which has been widely operated for 2 decades and more.

The decision will come as a major blow to all offshore workers who have been fighting for the right to paid leave since the early 90's. Offshore workers currently work an average of 2,200 hours per year compared to the onshore average of around 1700. All onshore workers irrespective of shift patterns enjoy an entitlement to paid leave of almost 4-weeks. The working time regulations were extended offshore in 2003 and since that date a series of tribunal hearings have taken place to determine how the regulations should be interpreted and applied.

Jake Molloy said of the decision; "Lady Smith's decision is perverse. Why would the EU and Westminster parliamentary draughtsmen spend several years tailoring legislation specifically to fit an industrial sector, which then delivers no change? The primary purpose of these regulations is to improve health and safety by reducing exposure to excessive working hours. Lady Smith clearly has no concept of the realities of working physically demanding 12 hour shifts in a hostile environment. The Aberdeen Tribunal did to some extent acknowledge this, but Lady Smith has turned the whole thing on its head. We will now sit down with our legal advisors to consider our next step."

The full decision will be available on this web site in the next 48 hours.

ENDS.