Offshore Workers Win Right to Paid Leave

Unite, Britain's biggest union, has hailed an employment tribunal's judgment on paid leave for offshore workers as a victory for 25,000 workers.

Amicus, a predecessor union of Unite, brought the case against offshore employers through its solicitors Rowley Ashworth. The union believed the employers were failing to properly apply a change in the law covering holiday pay for offshore workers.

Late yesterday, an Aberdeen employment tribunal ruled that all offshore workers are entitled to paid holidays under the Working Time Regulations. Offshore workers work two weeks offshore and then two weeks onshore. Significantly, the tribunal ruled that the paid leave should be taken when the workers should be at work offshore rather than during the periods that they are onshore.

Unite Regional Officer, Graham Tran said, "Paid holidays for offshore workers is no longer a gift from employers but a legal right. This judgment is a victory for 25,000 workers undertaking tough work under difficult conditions. Our members have had to wait almost five years for this judgment and the tribunal has given them their full support."

The tribunal has ruled that all offshore workers are entitled to paid holidays, which on a pro rata basis out of four weeks, is equivalent to 14 days' paid leave under the Working Time Regulations.

Graham Tran added, "I call on all companies operating offshore to accept this ruling and to meet with the recognised unions to discuss how best to implement the ruling. Whilst it is accepted that a number of offshore workers get paid time off, the significance of this ruling is that never again can a company withhold paid holiday entitlement from their employees."

Lynda Norbury of Rowley Ashworth confirmed, “This judgment marks a significant development in the application of the Working Time Regulations to workers with unusual working patterns. It confirms that employees must be allowed to take holiday at a time when they would have been at work.”

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Press enquiries: Stephanie Lennon, Rowley Ashworth Solicitors Direct Dial 0121 212 6812

Editors Notes

1. Rowley Ashworth Solicitors specialise in employment law and personal injury claims for trades unions and their members. The firm has eight offices nationwide working on behalf of Unite (Amicus Section), Unite (TGWU Section), GMB South and USDAW.

2. Rowley Ashworth Solicitors is regulated by the Solicitors Regulation Authority.