OFFSHORE HOLIDAYS DISMISSED

RMT helpline 0800 376 3706 :: january 2012 :: RMTnews 13 The Supreme Court has thrown out a claim for paid leave under the Working Time Regulations for offshore members. Five Law Lords passed their decision last month, bringing the legal fight to an end. No more appeals, no more legal action and OUR MEMBERS HAVE NO RIGHT TO TIME AWAY FROM WORK AS PAID LEAVE and that’s the LAW. The fight for ‘holidays’ started back in 1992 with a trip to Brussels to lobby to have the EU Working Time Directive extended to offshore workers in the UK. Members wanted a slice of what their Norwegian counterparts already enjoyed and in 1992 that was a two-on three-off, two-on four-off shift system. Our Norwegian brothers and sisters have moved on since then and now work a straight two-on four-off system. The move to the straight 2x4 was better to protect the health of the workforce as it’s a fact that ‘progress’ in Norway is truly borne out of protecting the health and safety of workers. The highest court in the land heard the union arguments in October 2011. Over eight years had passed since the European health and safety directive was extended offshore to offer better health protections, 13 years since the UK applied the Working Time Regs and nearly 20 years since the EU rolled the Directive out. In that time Norwegian, Dutch and Danish offshore workers have all seen ‘progress’ with a reduction in annual working hours. During the same period nothing has changed for many UK workers, apart from the fact they do more training now and all during time ‘off’. It was a tortuous couple of days in the Supreme Court and the most frustrating part was listening to the QC acting for the employers. Incredibly, Mr Kavanagh QC persuaded the Lords that offshore employers had designed the equal time two-on two-off shift system specifically to accommodate workers’ holidays. He claimed that offshore workers were the same as school teachers and professional footballers who, like the offshore workforce, had seen no effect with the introduction of the working-time regulations. The employers had in fact spent more than three years (2003-07) arguing that the regs didn’t apply. So if 2x2 was designed to provide holidays, why spend hundreds of thousands of pounds pursuing that argument? And how could offshore workers be compared to school teachers and footballers when you consider the annual working hours of each profession? Nevertheless, the Judges bought into Kavanagh QC’s arguments. Thomas Linden QC, acting on our behalf, was repeatedly interrupted by the Lords as they struggled with the idea that someone who ‘only’ works 26 weeks a year could possibly be seeking more time off. Mr Linden did an admirable job deflecting at times a barrage of dismissive comments and questions from the pompous Lords. He pointed out that every other category of ‘shift’ or part-time worker would have some time away from work when on holiday and that offshore workers were no different, they too should have time off work. Mr Linden stated our case with clarity, dignity and most of all honesty, more than could be said for the employers. Our QC summarised the opinion of every 2x2 offshore worker in his closing remarks when he said “these offshore workers believe they have an entitlement to a holiday on the basis they work the equivalent of 42-hours per week for 52- weeks a year, minimum”. This doesn’t include helicopter travel, training, overtime, delays, or the time spent offshore off-shift. And that was our case in a nutshell. We want a reduction in annual hours to improve the occupational health of our members and workers across this hazardous industry. We believe that’s what the EU intended. At the same time, the offshore employers who claim - “health and safety is our priority” - have spent millions resisting it. We say shame on you! The RMT Offshore Energy Branch is organising a series of meetings around the country for members to meet and discuss the ruling and how we can fight back. Log onto www.oilc.org for further information. OFFSHORE HOLIDAYS DISMISSED RMT offshore organiser Jake Molloy explains how the Supreme Court threw out a test case for the right to holiday entitlement for offshore workers