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15 December 2011
Issue: 7494 / Categories: Case law , Law reports , In Court
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Employment—Remuneration—Paid holidays

Russell and others v Transocean International Resources Ltd and others [2011] UKSC 57, [2011] All ER (D) 53 (Dec)

Supreme Court, Lord Hope DP, Lord Brown, Lord Mance, Lord Kerr and Lord Wilson SCJJ

European Council Directive 2003/88/EC (the 2003 Directive) as implemented in domestic law by the Working Time Regulations 1998 (SI 1998/1833) (WTR 1998) does not require that the minimum weeks of annual leave a worker is entitled to under reg 13 are to be taken consecutively or that those weeks cannot be interrupted.

Thomas Linden QC and Peter Edwards (instructed by Thompsons Solicitors) for the employees. John Cavanagh QC and Sandy Kemp (instructed by Simpson & Marwick) for the employers.

The appellants were all employed to work in various capacities on offshore installations located in the United Kingdom Continental Shelf. With the exception of one appellant, the appellants were contracted to work on a pattern of two weeks offshore with a period of field break for two weeks onshore. The other appellant was contracted to work three weeks offshore followed

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