A landmark decision handed down by the Supreme Court has detailed how annual leave applies to employees who do not work a typical nine to five job.
This decision is particularly important for those working in the offshore industry, where employees work a two week on, two week off pattern or other irregular pattern, and the education sector, where there are set periods during which they are not required to work.
In Russell and others v Transocean International Resources Limited it was argued, under the Working Time Regulations 1998, that annual leave could only come off periods that an employee was required to work, or at least required to be available for work. This would include being on call, and therefore in the case of offshore workers the two week "field break" being the two weeks they were not offshore did not count towards working time holidays.
Noele McClelland, partner and head of the employment law team at Thorntons, said: "The Supreme Court has held that the health and safety of workers lies at the heart of the Working Time Regulations and the requirement for annual leave.
"Offshore workers, who worktwo weeks on and two weeks off, are not employed on a 26 week contract. They are employed for the whole year but their working pattern is such that they work offshore for 26 weeks of the year.
"The purpose of entitlement to annual leave is to rest and enjoy a period of relaxation. This is met by the minimum periods laid down in the Working Time Regulations and a pre-ordained rest period meets the requirement for rest and relaxation. It was not necessary therefore for the period of holiday to come from the 26 weeks that they were working offshore.
"In the case of teachers, professional footballers, lecturers the same applies that pre-ordained rest periods satisfies the requirements for minimum annual leave in terms of the regulations.This is an important decision for all employers who operate shut downs or irregular working patterns and at last provides clarity for both employers and employees."
Issued by Beattie Communications on behalf of Thorntons Solicitors.
Contact: Jennifer Black, Tel 01698 787878