THREE YEAR ANNIVERSARY of P&O Ferries scandal – Unions say Government’s Employment Rights Bill is a major step forward for seafarers’ rights
On the third anniversary of the P&O Ferries scandal, the TUC, Nautilus and RMT have today (Monday) said that the Government is making important strides to stop another P&O Ferries scandal from happening through the Employment Rights Bill.
But the unions are calling for more to be done to prevent unscrupulous employers like P&O Ferries from treating staff like “disposable labour”.
Three years ago today, nearly 800 seafarers were unlawfully sacked by P&O Ferries with no notice or consultation. The scandal sparked outrage across Britain and across political parties.
The unions compare and contrast the actions of the Conservative government in two years with what the Labour Government has achieved in a matter of months.
They accused the Conservatives of doing practically nothing while in power and sitting on their hands.
Conversely the Employment Rights Bill, which passed its third reading in the House of Commons last week, has helped to close legal loopholes exploited by P&O Ferries by:
Beefing up collective dismissal laws: The government will close a loophole exploited by P&O Ferries by toughening the collective redundancy notification requirements for operators of foreign flagged vessels. It means operators planning to dismiss 20 or more employees will first be legally required to notify the government.
Bolstering fire and rehire protections: The Bill includes a measure that will help to tackle ‘fire and rehire’ practices except where employers genuinely have no alternative and face insolvency. The government is also doubling the maximum protective award which can be awarded to employees by employment tribunals to discourage employers who are looking to “price in” sackings. Maritime unions continue to press government on how the measures against fire and replace will apply to seafarers.
Strengthening seafarers’ working conditions: Government amendments to the Bill create the powers to set higher employment and welfare conditions for seafarers with regular UK port calls on pay, hours of work and rest and wider conditions.
The Seafarers Wages Act also came into force last December, which already requires most ferry operators to pay their seafarers with regular UK port calls at least the equivalent of the UK National Minimum Wage.
However, while the unions welcome these measures, they say more must be done to stop unscrupulous employers like P&O Ferries from treating workers appallingly.
The unions say the government should consider:
Further remedies for fire and rehire: We are calling for powers for government and unions to be able to take immediate and pre-emptive legal action to injunct errant employers like P&O Ferries to block them from dismissing workers and from breaking the law.
Stronger seafarer employment conditions: The unions want the government to include sick pay, holiday pay, training and pension rights in the mandatory employment standards for seafarers, as well as flexibility to include further issues that could arise. The unions say certainty over the application of other progressive reforms in the Bill to seafarers’ employment rights is also needed.
Review of thresholds: The measures will initially apply to services that visit UK ports 120 times a year, regardless of the flag of the ship or of the crew’s nationality. The unions support a threshold of 52 calls in a UK port per year to end undercutting and to ensure that as many seafarers are covered by these progressive measures as possible.
TUC General Secretary Paul Nowak said:
"Three years ago, nearly 800 workers were sacked by P&O Ferries with no notice and no consultation. It was a national disgrace.
“In a matter of months, this Labour government has made important strides to stop another P&O Ferries scandal by delivering the Employment Rights Bill, which will make our labour laws fit for the 21st century and boost pay and conditions in the ferries sector for good.
“Compare and contrast the Conservative government’s inaction over the course of two years – this is a major step forward for seafarers’ rights.
“But there’s still more to do. Ministers should ensure minimum standards for seafarers include key rights like sick pay and holiday pay, and they should lower the number of times a ship must visit UK ports to be liable to UK laws.”
Mark Dickinson, Nautilus General Secretary and TUC President, said:
“This is the third anniversary of P&O Ferries dismissing 786 dedicated Maritime Professionals with no notice and no consultation.
“Our members were escorted by handcuff wielding trained security away from their workplaces, many having been told by Zoom that their long-standing careers with P&O Ferries were being ended without ceremony and without proper process.
“The current government has put forward legislative proposals that represent a generational shift in employment rights that will have long standing positive impact on seafarers’ employment conditions around the UK.
“More needs to be done. Nautilus is committed to working with the government to deliver further improvements to seafarer employment rights. We have to prevent the exploitation of seafarers in our waters and redouble efforts to deliver high quality training and employment for our maritime professionals. Only this strategy will support growth and the resilience, security and prosperity of our nation.”
RMT general secretary Eddie Dempsey said:
“The government has taken some big steps in the right direction.
“But there is more to do to stop another P&O Ferries from happening.
“We want to continue to work with ministers to go further so that bad employers cannot exploit legal loopholes, sack and replace staff or drive down wages.
"Unions and ministers need the power to take pre-emptive legal action to block mass redundancies before they happen, stop companies from breaking employment laws in real time, and hold bad employers accountable before workers lose their jobs.
"Seafarers deserve stronger employment protections, in line with land-based workers. The Employment Rights Bill should apply to seafarers in full and lowering the threshold for UK port calls would also ensure that more seafarer Ratings in the shipping industry are covered by fair pay and employment conditions.
"Ministers have a huge opportunity to deliver real security and rights for seafarers and we will continue to work constructively with them in order to achieve that.”
- About the TUC: The Trades Union Congress (TUC) exists to make the working world a better place for everyone. We bring together the 5.5 million working people who make up our 48 member unions. We support unions to grow and thrive, and we stand up for everyone who works for a living.
Contacts:
TUC press office
media@tuc.org.uk
020 7467 1248
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