However, generally speaking the port of registration under section 8 of the Merchant Shipping Act 1995 and the contractual requirements of where the work is to be carried out are decisive when it comes to determining if British statutory employment rights apply.

Starting with the basics, the right to a written statement of certain particulars of employment (eg hours of work, pay etc) do not apply to someone employed as a seaman on a UK registered ship under an approved crew agreement.

Other statutory rights under the Employment Rights Act 1996, including perhaps most importantly the right not to be unfairly dismissed, will not apply to seafarers employed on board a ship registered under Section 8 of the Merchant Shipping Act, unless all three of the following criteria are satisfied:

1. The ship's entry in the register states that it belongs to a Great British port;

2. Under their contract of employment the employee is not required to work wholly outside Great Britain; AND 3. The employee is, when they are not working, ordinarily resident in Great Britain.

The ever increasing discrimination legislation, which now covers discrimination on grounds of sex, race, disability, sexual orientation and religion, makes any such discrimination 'at an establishment in Great Britain' unlawful. For those who are employed at sea, a British registered ship is regarded as 'an establishment in Great Britain' wherever that ship may be, provided that the seafarer's employment on that ship is not wholly outside Great Britain.

For seafarers who are recruited abroad or who are brought over to Great Britain for the recruitment process, it used to be the case that any race discrimination by employers was lawful. However, with effect from July last year, such discrimination became unlawful unless it is in relation to a difference in seafarers' pay, including retirement and death benefits, which is still permitted by the legislation.

Of course just because British statutory employment rights may not apply in a particular situation, it does not prevent another country's employment legislation applying.

It is therefore important that employers of seafarers' ascertain what employment legislation they are dealing with, particularly when the penalties for falling foul of it are increasingly expensive.

In dealing with claims such as discrimination or automatic unfair dismissal the Tribunal does not have any limit on the financial award it can make against the offending employer.

MJ Information No: 19551