OEUK’s guidelines: forthcoming changes to employment law put spotlight on NRB decisions

The OEUK Guidelines for the Permanent Removal of Offshore Personnel were introduced to tackle one of the offshore industry’s most contentious workforce issues: workers being “not required back” (NRB) from installations without proper explanation or process.

More than 15 years after the introduction of the guidelines, the matter is firmly back in focus.

There has been growing concern from trade unions that the guidelines are not always being consistently followed, particularly where individuals are prevented from returning offshore with limited consultation or unclear justification.

This is significant because the OEUK guidelines were specifically designed to address exactly those concerns.

The full OEUK guidelines make clear that, whilst the Offshore Installation Manager retains authority to remove anyone presenting a risk to “safety or good order”, the process must still be handled fairly and transparently. In particular, the guidelines provide that:

• removal must be justifiable;
• written reasons should be provided;
• contractor management should be involved;
• proper investigation should follow; and
• workers should not face “surprise” NRB decisions.

Importantly, the guidelines also recognise that removal from an installation should not automatically amount to disciplinary action, permanent exclusion or dismissal.

Whilst the OEUK guidelines themselves have not materially changed, the Employment Rights Act 2025 will increase scrutiny of how offshore removal decisions are made and implemented in practice. In particular, the reduction in the qualifying period for unfair dismissal claims from two years to six months means that a larger proportion of the workforce will be able to challenge dismissals arising from NRB decisions. Coupled with the wider expansion of employee rights under the legislation, employers should expect greater scrutiny of offshore removal decisions and the processes that support them.

Against a backdrop of expanding employment rights and increased focus on employer decision-making, this is a timely reminder of the importance of employers being able to demonstrate that any offshore removal decisions are reached through a fair, evidence-based and well-documented process that is consistent with the OEUK guidelines.

For offshore operators and contractors, the message is clear: now is the time to revisit NRB and removal procedures, ensure managers understand the guidelines fully, and focus on clear, consistent and documented decision-making.
The guidelines may not be new, but the legal, employee relations and reputational risks associated with NRB decisions are only going to grow.

If you would like advice on this subject matter, offshore workforce issues or preparing for the impact of the Employment Rights Act 2025, please get in touch with our employment team.

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