UK: Statutory holiday - non-working periods can be holiday

The Supreme Court has upheld a decision of the Court of Session that employers can designate as statutory holiday periods of time where the employee is not normally required to work, such as field-breaks spent onshore by offshore workers or school holidays for teachers.

The Supreme Court did not reach a concluded view on whether days which are part of the seven day weekly cycle but which are not normally worked (eg Saturdays, assuming Sunday is treated as the weekly rest period) can be designated as holiday.  However, the Court favoured the suggestion that, in light of the Directive's purpose, the entitlement is to periods of annual leave measured in weeks, not days, such that a worker can choose to take single days but the employer cannot force him to do so.  If correct this would call  into question the practice of designating bank holidays as part of employees' statutory minimum entitlement.  (Russell v Transocean International Resources, SC)