Tuesday 26 July 2005

UKOOA Statement Regarding the Working Time Jurisdiction Ruling

The Chairman of the Employment Tribunal which took place in Aberdeen on the 16 May 2005 to examine the jurisdiction of regulations implementing the EU Working Time Directive in the UK has today confirmed that they apply throughout the UK continental shelf.

UKOOA believes the Working Time Directive was always intended to be applicable to all UK offshore areas.  However, the unions legal challenge revealed a potential flaw in the regulations which implement the Directive into UK law.  This suggested that the regulations appeared only to apply the Directive to Great Britain and offshore to the12 mile territorial limit.  As raised by the Tribunal Chairman at the hearing in May, it was essential that this question of jurisdiction was first addressed and resolved.

We note the Chairmans decision on the matter. The companies involved in the Tribunal cases will now need to consider their positions and decide whether they wish to appeal.

On the substantive issue of paid leave, we believe the UK offshore oil and gas industry already complies with the Working Time Directive and that the typical two weeks-on, two weeks-off rota system worked offshore comfortably accommodates the minimum four weeks annual leave required.

For more information, please call 020 7802 2400.