TL Russell & Ors v Transocean International Resources Ltd & Ors [2010] ScotCS CSIH_82 (19 October 2010)

TL Russell & Ors v Transocean International Resources Ltd & Ors [2010] ScotCS CSIH_82 (19 October 2010)

The provision of 26 weeks of field-break (onshore time) satisfies the entitlement to four weeks paid annual leave under Regulation 13 of the Working Time Regulations 1998, interpreted in light of Directive 2003/88/EC. Annual leave does not require release from periods when employees would otherwise be rostered for work; it is sufficient that employees have four weeks within the annual cycle free from work commitments.

Citation
[2010] ScotCS CSIH_82
Parties
Appellants: T. L. Russell and Others; Respondents: Transocean International Resources Limited and Others
Jurisdiction
Scotland
Judgment Date
19 October 2010
Procedural Posture
Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Court of Session, Inner House, Extra Division
Outcome
Appeal refused
Legal Topics
Annual Leave, Working Time, Working Time Regulations 1998, Interpretation of EU Directives
Employment Law European Union Law Annual Leave Working Time Working Time Regulations 1998 Interpretation of EU Directives

Case Brief

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Parties

T. L. Russell and Others

Appellants

Transocean International Resources Limited and Others

Respondents

Procedural Posture

Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Court of Session, Inner House, Extra Division

Legal Issues

  1. 1 Whether offshore workers' entitlement to four weeks paid annual leave under Regulation 13(1) of the Working Time Regulations 1998 can be satisfied by 26 weeks of field-break (onshore time)
  2. 2 Whether annual leave must be taken from periods when employees would otherwise be rostered for work

Ratio Decidendi

The provision of 26 weeks of field-break (onshore time) satisfies the entitlement to four weeks paid annual leave under Regulation 13 of the Working Time Regulations 1998, interpreted in light of Directive 2003/88/EC. Annual leave does not require release from periods when employees would otherwise be rostered for work; it is sufficient that employees have four weeks within the annual cycle free from work commitments.

Court Disposition

Appeal refused

Orders

  • Case put out 'By Order' for consideration of subsidiary terms of interlocutor in cases other than Mr Price and Mr Robertson