7 December 2011

Offshore worker must take their holidays during a field break

Mr Russell was an offshore worker in the oil and gas industry. He was employed under a contract for the whole of each year. During the year, Mr Russell worked for 26 weeks and he would be onshore for the remaining 26 weeks. The periods that he spent onshore were known as field breaks. He would have a two-week field break after he had worked for two weeks.

During a field break, Mr Russell was free from any work-related obligations.

Mr Russell argued that he could to take his statutory holidays during a period that he was scheduled to work.

The Supreme Court disagreed. The Working Time Directive permitted an employer to ask its workers to take their holidays during a particular period, e.g. during a field break, annual shutdown or school holidays.

A pre-ordained rest period (e.g. a field break) – when a worker is free from any work-related obligations - could be counted towards their statutory holidays.

Russell v Transocean International Resources Ltd [2011] UKSC 57

Criminal Record Certificates

The Government’s response to the review of the criminal records regime is available at the Criminal Records Bureau. The Government has agreed to some of the review’s recommendations, e.g.
  • A person who is under 16 years is not eligible for a criminal record certificate (CRC).
  • A worker can re-use their CRC with different employers in the same sector - so they won’t need a new CRC when they take up a new role – if there’s no new relevant information.

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