Maritime Employment Law

Seafarers’ employment agreements, and terms and conditions of employment must be compliant with the ILO Maritime Labour Convention 2004 and the flag state legislation giving it effect, but beyond that should be best suited to the ship owner’s operation. That’s where we add real value. We give owners resilience and adaptability in the management of their seafarer workforce and minimise the potential for claims. Policies and procedures are used to give maximum flexibility in both the management of day-to-day issues and by establishing a framework in which to respond to and resolve issues quickly, but effectively, mitigating any risk of a potential claim.

The International Transport Workers’ Federation is an ever-present feature of international ship operation.  We support shipowners managing ITF issues, understanding the practicalities.  If there is a blacklisting, an injunction might be required and there we can move quickly and effectively.

Our vast experience in this area, right back to when statutory limitations were first imposed on trade unions, means we are uniquely equipped to meet the challenge of the substantial loosening of those limitations now promised through the Employment Rights Bill.  The proposed changes, making it easier for a union to force recognition and to take industrial action, will also give increased protection to strikers.  We can support shipowners in managing their relationships with trade unions: recognition and derecognition, procedural agreements and the negotiation and renegotiation of CBAs.

Increasingly seafarers are confronting employers with grievances. UK Employment Tribunal procedures encourage them to do so. Effective management of a grievance can often head off a claim. At the very least, it is an opportunity to put the employer on the firmest footing if a claim should follow. With early involvement in an issue which might lead to termination – perhaps discipline, poor performance or long-term sickness – we ensure that it is managed to substantially reduce the risk of an adverse outcome in the Employment Tribunal.

Whether in the courts or the Employment Tribunal, we have extensive experience of managing claims in the maritime sector.  Ship operation is an international business; the interaction of offshore employment, seafarer nationality, vessel registration and trading pattern can give rise to complex jurisdictional issues.  We understand these issues and exploit them wherever possible.  We give the employer an early and informed assessment of a claim, so that they can decide whether to fight or settle.  If the decision is to fight, our commitment and attention to detail ensure that the employer has the best chance possible of a successful outcome.

Our team includes leaders in the maritime employment law sector. Their experience and expertise will ensure that your organisation is in the safest hands possible, guiding you confidently through any issues that arise. If you need any support or just want to discuss how we might help you, please get in touch with our team.