[1andrew1]

Another twist in the tale.

Change in law signed off by Chris Grayling meant P&O didn't need to tell govt, maritime lawyer says

While senior government officials have claimed that the sacking of 800 workers by P&O Ferries was illegal, a specialist in maritime law argues that is incorrect.

But Kevin Barnett, head of employment at marine law specialists Lester Aldridge LLP, told Sky News that Mr Grayling's amendment removed the need to notify the government.

"The amendment states the notification must be made to the competent authority of the state where the ship is registered, instead of the secretary of state," he said.

He said Mr Kwarteng's insistence that he should have been notified of the sackings in advance is "incorrect."

A letter to Mr Kwarteng from P&O's chief executive Peter Hebblethwaite written after the sackings says: "The very clear statutory obligation in the particular circumstances that applied was for each company to notify the competent authority of the state where the vessel is registered.

"All relevant vessels are registered outside the UK. Notification was made to the relevant authorities on March 17."...

The change signed off by Mr Grayling states: "[If] the employees concerned are members of the crew of a seagoing vessel which is registered at a port outside Great Britain .. the employer shall give the notification required .. to the competent authority of the state where the vessel is registered (instead of to the Secretary of State)."

The amendment is the only change to the 1992 act relating specifically to foreign-registered ships.

According to an explanatory memorandum published by the Department for Transport, the amendment, part of a package called the Seafarers Directive, was supposed to improve seafarers' employment rights.

"The purpose [is to] address an anomaly where land-based workers may enjoy greater employment rights than those at sea," it said.

The memorandum claimed the amendment had been supported by the unions who have led protests against P&O's actions...
The memorandum states no formal consultation was carried out before the change was made, and no impact assessment was carried out.

https://news.sky.com/story/p-o-ferri...-says-12572920