Thread by @GrahameAnders

Having to think about this abhorrent #PandO situation from the beach with patchy internet and without my green book. #ukemplaw ppl tell me what I’m missing. 🧵

The crew here appear to be UK-based employees who I would imagine count as Mariners for the purposes of s. 199 of the Employment Rights Act 1996 (where most employment rights except discrim are found). Here’s the section: legislation.gov.uk/ukpga/1996/18/…

S. 199 excludes mariners from certain rights in certain cases. One of the key disabling provisions is s. 199(7) but that only applies to employment on a GB-flagged ship. As I understand it, P+O reflagged all their ships to be Bermudan in the 70s. So doesn’t seem to be relevant.

What I can’t really see is whether any of the other disabling provisions affect the position.

But if that’s right it becomes a classic territorial reach case: are the connections between GB and the employment sufficiently strong that Parliament would have intended the rights to apply? Can see no reason why they wouldn’t be.

Here’s a case I did last year on that point: assets.publishing.service.gov.uk/media/6001b7ca…. Topically I was for a British mariner against, effectively, a Russian oligarch

@MilsomChr suggests there could be discrim claims. They’ve sacked British staff in favour of non-Brits. Question is one of interpreting the EqA Ships and Hovercraft Regs 2010 (sexy): probably more straightforward than in Walker v Wallem Ship Management.

Sadly don’t think @OfficialRMT likely to pursue an injunction to compel consultation because, in statute if not at common law, dismissals appear already to have taken effect? I think I recall @ThompsonsLaw did get a similar injunction but can’t find atm.

What have I missed #ukemplaw peeps? Seems to me P+O know they’ve done wrong if they’ve just purported to pay ppl their max entitlements but they’ll have got proper advice. @SocLabLaw statement coming soon.

I should say that it seems pretty clear to me that if the crew has UK emp law rights, they’ve been broken. And if they don’t they should. All power to the elbows of @RMTunion @nautilusint and @UKLabour MPs like @KarlTurnerMP @EmmaHardyMP @DianaJohnsonMP etc