New legal protection for seafarers

The Employment Rights Bill, introduced to Parliament this week, aims to close legal loopholes and protect seafarers from unscrupulous employers, providing wage security and job protection.

Tougher Laws and Wage Protections

In March 2022, P&O Ferries sparked outrage when the company fired nearly 800 seafarers, replacing them with lower-paid agency workers. This incident highlighted weaknesses in the UK’s employment laws, leading to a push for reform. Now, with the Employment Rights Bill, the government is ensuring seafarers receive the protection they deserve, focusing on stronger collective dismissal laws and wage guarantees.

From December 1, 2024, thousands of seafarers will benefit from new regulations requiring operators to pay the UK National Minimum Wage equivalent. This legislation marks a pivotal shift in ensuring that seafarers, a traditionally vulnerable workforce, will no longer be subjected to unfair wages and insecure working conditions.

Transport Secretary Louise Haigh emphasised the significance of this move, stating, “The mass sacking by P&O Ferries was a national scandal which can never be allowed to happen again. These measures will make sure it doesn’t. Cowboy operators like P&O Ferries will no longer be able to act with impunity – undercutting good employers in the process.”

Closing Loopholes and Ending Fire-and-Rehire Practices

One of the key provisions in the new legislation is the closing of a legal loophole exploited by P&O Ferries, which allowed the company to bypass collective redundancy notifications for foreign vessels. Under the new laws, operators planning to dismiss 20 or more employees will be required to notify the government in advance, facing prosecution and fines for non-compliance.

Additionally, the bill introduces measures to curb the controversial “fire and rehire” practice, a strategy that allows employers to dismiss staff and then rehire them on reduced terms. The new legislation will severely restrict this practice, only permitting it when no other alternatives are available. This change aims to prevent a race to the bottom in employment standards and ensure that workers’ rights are upheld across the sector.

Deputy Prime Minister Angela Rayner remarked, “We’re on a mission to end exploitative work and we’re legally enshrining our promises so no employer can abuse the system to rob their workers of the basic rights and dignity they deserve.”

International Conventions and Standards

In a bid to align UK laws with international conventions, the government is also working on new powers to implement standards related to seafarer employment. This includes setting mandatory minimum working conditions for operators at sea, ensuring that seafarers are protected not just on wages, but also on broader employment standards.

Rayner added, “What we saw with P&O Ferries was an outrageous example of manipulation by an employer and exactly why we’re taking bold action to improve job security in the UK. These long overdue changes will shield workers from the mistreatment of having their terms and conditions ripped up before their eyes.”

Implementation of Seafarer’s Wages Act

In addition to the Employment Rights Bill, the government will implement the Seafarer’s Wages Act, with regulations coming into force on December 1, 2024. This act requires operators that make at least 120 port calls per year in the UK to pay their workers at least the equivalent of the UK National Minimum Wage. Non-compliant operators will face surcharges and could ultimately be denied access to UK ports.

The Seafarer’s Wages Act, passed last year, works in tandem with similar legislation introduced in France, creating a "minimum wage corridor" across the short straits. The aim is to prevent operators from exploiting international wage standards to undercut UK and European workers. As Haigh stated, “This is good for workers and good for business.”

A Fairer Future for Seafarers

The government’s comprehensive approach to protecting seafarers marks a significant step forward in ensuring that seafarers’ rights are fit for the modern economy. The legislative changes, which have been in development for over two years, will help level the playing field for good employers and protect workers from exploitation. Thousands of seafarers stand to benefit from increased wages, stronger job security, and improved working conditions.

In her closing remarks, Rayner made it clear that the government is determined to prevent any repeat of the P&O Ferries scandal: “These transformative measures will deliver the fair pay and job security that seafarers deserve while ensuring that unscrupulous employers can no longer undermine workers’ rights with impunity.”

With this new legislation, the government is making work pay, protecting British jobs, and securing a brighter future for seafarers across the UK.

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