Maritime Employment Law Issues Affecting SuperYachts

John Cook of Lesia Employment Services ICC Limited in Guernsey has written to us drawing our attention to the fact that the UK has recently introduced new laws on discrimination for workers in the maritime industry.

The new law came into effect from 1st August 2011 and is called the Equality Act 2010 (Work On Ships and Hovercraft) Regulations 2011. This new act replaces Section 9 of the Race Relations Act 1976 which ceased on 1st August 2011. 

For Captains who have not already done so, John suggests that now is the time to review crew employment contracts to make sure they comply with the new act.

The second piece of news from the UK concerns a First Tier Tax Tribunal held in Aberdeen on the 8th April 2011 in relation to a Double Taxation treaty case for a merchant seafarer.

The case looked at who the economic employer of the seafarer was to determine whether or not a double taxation treaty between the UK and Croatia could be utilised by the seafarer under UK law.

Whilst the case is complex due to the relationships of the various companies involved, the really interesting aspects concerning those operating in the yacht industry are connected with the wording within the contract of employment and the places of business from which the various companies operated.

As this case was only concerned with taxation no reference was made to National Insurance Contribution.  It must be remembered however that the judge’s conclusions will also have relevance to UK NIC.

Captains and yacht managers who would like to know about how Lesia can help them should visit the website or contact the at