News

A specialist at leading Scottish law firm, Paull & Williamsons, will update oil and gas industry employers about the impact of the recent Working Time Regulations (WTR) ruling during a major international event which opens on May 4.

Sean Saluja, head of Paull & Williamsons` Employment Law Division and a leader in his field, will be part of the firm’s delegation, which visits the Offshore Technology Conference (OTC) in Houston, Texas, each year. During his time in Houston, he will be giving presentations to a number of companies regarding the Employment Appeal Tribunal (EAT) ruling delivered in March 2009, which deals with the Working Time Regulations (WTR) and annual leave entitlement for certain offshore personnel

The WTR legislation generated a large number of claims before the Employment Tribunal since coming into force in the UK, with offshore workers seeking compensation in respect of annual leave. The trade union backed claims were made on the basis that paid annual leave entitlement under WTR had to come from scheduled offshore working time and not the field break. The outcome of these cases affects every offshore worker employed in the United Kingdom sector of the Continental Shelf (UKCS), of which there are estimated to be approximately 25,000.

Mr Saluja said: `The EAT has ruled that time spent onshore as part of normal work pattern is sufficient to allow workers to take annual leave. The Working Time Regulations have presented one of the most significant challenges to the oil and gas industry in terms of litigation exposure. Houston-based companies need to be aware that the ruling affects employers with operations in the North Sea and UKCS.

“Clearly, the outcome at this stage is very favourable to employers who operate in the North Sea, including those based in the United States. Given the complexity of the issues raised, it is advisable that offshore employers have their existing working leave and pay arrangements reviewed to ensure compliance with the WTR and that contractual undertakings are being met particularly as the trade unions have just been given leave to appeal the decision to the next level of court.”

Mr Saluja, who is accredited by the Law Society as a specialist in employment law, has been working as part of a multi-firm legal team with various oil and gas employers as well as Oil and Gas UK, which represents, amongst others, offshore operators, to advise on the impact of the WTR. The team also advised industry bodies representing oil and gas contractors including the United Kingdom Drilling Contractors` Association, the Offshore Contractors` Association, the International Drilling Contractors` Association, the International Marine Contractors` Association, and the Caterers Offshore Trade Association. Combined, these associations have members with in excess of 20,000 employees.

The OTC, which is held annually at the Reliant Center, runs from May 4-7 2009.

For more information contact Sean Saluja +44 1224 621621.