EAT The claimant was employed to work as a standby carpenter by the respondents, for the production of ‘Sea of Souls’, for a period of some 24 weeks. His contract provided that his services would be required for up to 6 days each week and that regarding leave, he was entitled to 6 days of leave, to be taken, in the absence of agreement to the contrary, on any 6th non-scheduled days in a week. An issue arose as to whether these arrangements meant that the respondents were not meeting their obligations under paragraph 13 of the Working Time Regulations 1998. The Tribunal took the view that the claimant’s contract required him to work six days each week, that the regulations did not restrict an employer in his right to stipulate the days when annual leave could be taken and that there was, accordingly, no breach of the regulations.
The Employment Appeal Tribunal agreed and the appeal was dismissed.
Citations:
[2007] UKEAT 0042 – 06 – 2103, [2007] IRLR 678
Links:
Statutes:
Working Time Regulations 1998 13
Jurisdiction:
England and Wales
Cited by:
Cited – Russell and Others v Transocean International Resources Ltd and Others SC 7-Dec-2011
russell_transocean
The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 27 January 2022; Ref: scu.251585