North Sea oil and gas workers should be given paid holidays on top of time off onshore, according to unions.
The Court of Session in Edinburgh heard yesterday that offshore workers were being denied paid annual leave they were entitled to under European working time regulations.
The RMT and Unite unions are attempting to overturn an Employment Appeal Tribunal (Eat) ruling denying offshore workers the paid time off.
Standard practice is that North Sea employees work two weeks offshore followed by two weeks paid time off. The industry argues the 26 weeks a year off more than meets the minimum it must provide and that annual leave can be taken then.
The unions believe the regulations allow employees to claim time off from when they are working, on top of breaks and rest time.
Seven test cases were heard by the Employment Tribunal in Aberdeen in 2008 claiming that staff in a variety of fields were being denied time off allowed under the working time regulations (WTR).
The tribunal ruled in their favour, but the employers, headed by Transocean International Resources, went to the Eat where the ruling was overturned. The unions are now attempting to overturn the Eat ruling.
At the Court of Session, Brian Napier QC, representing Unite, argued the two-week break workers had onshore was the same as weekends off enjoyed by the majority of people who worked Monday to Friday.
For an offshore worker to take his annual leave as part of his time onshore was the same as asking someone who worked Monday to Friday to take their leave at the weekends, he said.
“I readily admit that if you look at the situation regarding the oil industry, it gives half a year off,” Mr Napier added.
However the key to the annual-leave issue should hinge on the standard holiday regime for employees – “and nothing is more standard than the five-day week”.
Mr Napier said the regulations were intended to improve health and safety. Breaks were meant to ensure workers did not injure themselves or others and to allow adequate rest.
He argued rest periods or breaks and annual leave were not the same and therefore offshore workers should be allowed to take extra time off work.
The original seven test cases covered a range of professions – driller, cook, steward, radio operator, mechanic – but there were about 500 claims overall.
Union officials believe about 14,000 North Sea workers are losing out on their right to annual leave of four weeks.
The case continues.