Workers on a ‘field break ’ can be required to take annual leave during periods when they are not working (Russell & others v Transocean International Resources Ltd & others).
This case involves oil rig workers but is relevant to anyone who needs employees to take leave during ‘down time’ – such as teachers, tourism workers and professional footballers.
The oil rig workers worked out at sea on a platform or rig for two weeks, followed by two weeks onshore – called a ‘field break’. Basically the employees were free to do what they wished during most of the field break – which in this industry amounted to about 26 weeks of the year. The employer’s policy said that leave must be taken during the field breaks.
Some of the employees asked to take leave during the offshore ‘working’ periods – they were refused. The Scottish Court of Session supported the Employment Appeal Tribunal which decided that time spent onshore during field breaks was neither working time nor compensatory rest. It was therefore available for annual leave. It did not matter that the employees would not otherwise be working during those periods. It was not unlawful for the employer to insist on leave being taken during field breaks.
Comment: If your staff have extensive ‘down time’ you are justified in refusing annual leave during working time. The time should, however, be recorded as annual leave and it must be clearly explained to the staff concerned.