LIST OF CASES / Russell & ors v Transocean International Resources Ltd & ors CS 2011

Court of Session (Inner House) on 19th October 2010, reported at [2011] IRLR 24

NOTES

Russell & Ors v Transocean International Resources Ltd & Ors, Scottish Court of Session (Inner House) on 19th October 2010 (sub nom Craig v Transocean International Resources Ltd), reported at [2011] IRLR 24

The full text judgment is available free of charge on the BAILII website

Representation:-

Napier, Q.C Allan McDougall for the UNITE trade union appellants and O'Neill, Q.C, Lefevre Litigation for the OILC (offshore energy branch of the RMT trade unition) appellants

Michael Jones, Q.C. Simpson & Marwick, W.S for Transocean International Resources Ltd, the respondents.

Authority for the proposition that:-

there is no rule that entitlement to annual holiday must come out of working time, only that it cannot come out of "rest periods" as strictly defined in the Working Time Regulations 1998. Any other conclusion produces absurd results in the case of, for example, "shut-down trades" or teachers who if it were otherwise could insist on taking annual holiday during term time.

For relevant general notes go to Working Time Regulations/holidays and/or Working Time Regulations/offshore workers and/or Construction of documents .

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