Employment Rights Act 1996, section 199

Mariners

Part XIII Miscellaneous

(1)Sections 1 to 7, [F985Parts 2 and 2BF985] and sections 86 to 91 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State [F986or an agreement specified in regulations under section 32(a) of the Merchant Shipping Act 1995F986] .

(2)F994Sections 8 to 10, Part III, sections 44, 45, 47, [F98747C, [[F988,F989 47EF989] , [F990 47F,F990,F988]] [F991 Part 5B, sectionsF991] 50 to 57BF987] and 61 to 63, [F992Parts [F993 6A to 8BF993,F992]] , sections 92 and 93 and . . . [F995Part XF995] do not apply to employment as master, or as a member of the crew, of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel.

F996 (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F997Sections 8 to 10 and 50 to 54 ... do not apply to employment as a merchant seaman.

(5) In subsection (4) “employment as a merchant seaman”—

(a)does not include employment in the fishing industry or employment on board a ship otherwise than by the owner, manager or charterer of that ship except employment as a radio officer, but

(b)subject to that, includes—

(i)employment as a master or a member of the crew of any ship,

(ii)employment as a trainee undergoing training for the sea service, and

(iii)employment in or about a ship in port by the owner, manager or charterer of the ship to do work of the kind ordinarily done by a merchant seaman on a ship while it is in port.

(6)F998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F999 (7)The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if—

(a)the ship’s entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging,

(b)under his contract of employment the person employed does not work wholly outside Great Britain, and

(c)the person employed is ordinarily resident in Great Britain.

F999 (8)The provisions are—

(a)sections 8 to 10,

(b) Parts II, [F1000 2B,F1000] III and V,

[F1001 (ba)Part 5B,F1001]

(c)Part VI, apart from sections 58 to 60,

[F1002 (d)Parts [F1003 6A to 8BF1003] ,F1002]

(e)sections 92 and 93, and

(f)Part X.F999]

Definitions used in section 199 4

employed

and “employed” shall be construed accordingly.

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
contract of employment

(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

Defined in s.230(2) · see it in the full Act

Cases considering section 199 8

Diggins v Condor Marine Crewing Services Ltd

[2009] EWCA Civ 1133 · 13 October 2009Limits

The mariners provision is used to place the ship-specific rules within the wider statutory treatment of seamen, including exclusions for share fishermen and merchant seamen. (see paras [4]; [7]) Subsection (2) is identified as part of the provisions dealing with share fishermen, who were largely excluded from unfair dismissal and other statutory rights. (see para [7]) Subsection (3) is identified as part of the provisions dealing with share fishermen, who were largely excluded from unfair dismissal and other statutory rights. (see para [7]) Subsection (4) is identified as one of the former provisions expressly dealing with merchant seamen. The court uses that statutory history as context for the later ship provisions. (see paras [4]; [7]) Subsection (5) is identified as part of the former merchant-seamen provisions, and the judgment records subsequent statutory alteration by section 32 of the 1999 Act. (see para [7]) Section 199(7) is interpreted as applying only to employment on ships in the specified UK register and as prescribing conditions for that class. It does not exhaustively determine jurisdiction for employees on all ships, so general territorial principles remain available for foreign-registered vessels. (see paras [7]-[16]; [21]) Subsection (8) identifies the statutory provisions to which section 199(7) applies, including the unfair-dismissal right in Part 10. It identifies the rights affected by the conditions without making those conditions exhaustive of all shipboard jurisdiction. (see paras [7]-[12])

Stena Drilling PTE Limited v Tristan Smith

[2024] EAT 57 · 18 April 2024Interprets

The test concerns whether the employee did not work wholly outside Great Britain under the contract. It requires the reality of the employment relationship, not hypothetical places where the employee might have been asked to work. (see para [39])

Serco Limited (Respondents) v. Lawson (Appellant) Botham (FC) (Appellant) v. Ministry of Defence (Respondents) Crofts (Respondent) and others v. Veta Limited (Appellants) and others and one other action

[2006] UKHL 3 · 26 January 2006

The provision preserved special territorial treatment for mariners after section 196 was repealed. The House declined to infer from that special rule how Parliament intended other peripatetic employees to be treated. The provision preserved special territorial treatment for mariners after section 196 was repealed. The House declined to infer from that special rule how Parliament intended other peripatetic employees to be treated.

1 more judgment, and what each says about section 199, are in the case-law panel in the full Act.

Amendments and notes

19 notes from legislation.gov.uk

Amendments

  1. F985Words in s. 199(1) substituted (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 12(2)(c)(i), 14(2); S.I. 2023/876, reg. 3(c); S.I. 2024/829, reg. 3(l)
  2. F986Words in s. 199(1) inserted (7.8.2014) by The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014 (S.I. 2014/1614), regs. 1, 3
  3. F994Words in s. 199(2) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 34(b), Sch. 9(2); S.I. 1999/2830, art. 2(2)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 8, 10, 11)
  4. F987Words in s. 199(2) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 34(a); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 8, 10, 11)
  5. F988Word in s. 199(2) inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 44(2)(a); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
  6. F989Word in s. 199(2) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 41(8), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
  7. F990Words in s. 199(2) inserted (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40, 269(4), Sch. 1 para. 7(a); S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22) text inserted prospectively or the amendment may be in effect for limited purposes, see the commentary.
  8. F991Words in s. 199(2) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(7)(a), 3(2)
  9. F992Words in s. 199(2) substituted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 44(2)(b); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
  10. F993Words in s. 199(2) substituted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 13(a); S.I. 2023/1283, reg. 2
  11. F995Words in s. 199(2) substituted (13.4.2018) by The Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018 (S.I. 2018/407), regs. 1(1), 2(2) (with reg. 2(4)(5))
  12. F996S. 199(3) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 34(c), Sch. 9(2); S.I. 1999/2830, art. 2(1)-(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with transitional provisions in Sch. 3 paras. 8, 10, 11) this amendment is subject to savings and/or transitional provisions, see the commentary.
  13. F997Words in s. 199(4) omitted (13.4.2018) by virtue of The Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018 (S.I. 2018/407), regs. 1(1), 2(3)
  14. F998S. 199(6) omitted (1.10.2002) by virtue of The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(16) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2)
  15. F999S. 199(7)(8) inserted (25.10.1999) by 1999 c. 26, s. 32(4); S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. I (with transitional provisions in Sch. 3 para. 7(2)) this amendment is subject to savings and/or transitional provisions, see the commentary.
  16. F1000Word in s. 199(8)(b) inserted (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 12(2)(c)(ii), 14(2); S.I. 2023/876, reg. 3(c); S.I. 2024/829, reg. 3(l)
  17. F1001S. 199(8)(ba) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(7)(b), 3(2)
  18. F1002S. 199(8)(d) substituted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 44(3); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
  19. F1003Words in s. 199(8)(d) substituted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 13(b); S.I. 2023/1283, reg. 2