(1)This Part applies in relation to—
(a)work on ships,
(b)work on hovercraft, and
(c)seafarers,
only in such circumstances as are prescribed.
(2)For the purposes of this section, it does not matter whether employment arises or work is carried out within or outside the United Kingdom.
(3) “Ship” has the same meaning as in the Merchant Shipping Act 1995 .
(4) “Hovercraft” has the same meaning as in the Hovercraft Act 1968 .
(5) “Seafarer” means a person employed or engaged in any capacity on board a ship or hovercraft.
(6)Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.
Cases considering section 81 4
[2022] EAT 155 · 7 October 2022Defines
Section 81 supplies the territorial regime for seafarers and work on ships. The claimant’s foreign-flagged, extra-territorial ship-based employment fell outside that regime, so he had no Part 5 discrimination right during employment (see paras [43]-[49]; [53]).
A seafarer is a person habitually employed to work on board a ship; physical presence aboard at the material moment is not required. Temporary shore-based work near the end of a ship-based career did not remove that status (see paras [38]-[42]).
[2020] UKEAT 0236_18_1601 · 16 January 2020Interprets
Section 81(1) excludes Part 5 in relation to work on ships, work on hovercraft and seafarers unless circumstances are prescribed. The exclusion reaches recruitment as well as current employment (see paras [24]-[28]; [36]-[38]).
The use of the present tense in section 81(2) did not limit the statutory exclusion to current employment. Read with Part 5 and the Regulations, it did not exclude recruitment from the section's scope (see paras [24]-[28]).
The definition of seafarer, expressed in the present tense, did not justify confining section 81's exclusion to persons already working aboard a ship (see paras [24]-[28]).
[2015] EWHC 1953 (Admin) · 8 July 2015
Section 81 was cited as an example of an express territorial restriction on Part 5. The selective restrictions did not imply that Part 5 could never have extra-territorial effect (see para [28]).
1 more judgment, and what each says about section 81, are in the
case-law panel in the full Act.
284.This section provides that the employment provisions in Part 5 will apply to seafarers and the crew of hovercraft only in the way set out in regulations made by a Minister of the Crown.
285.The Act is silent on the territorial application of the employment provisions. While this approach is acceptable for most workers, who at any given time are within either the territory of the United Kingdom or some other territory, seafarers work on ships that may be constantly moving between waters under the jurisdiction of different States. This section will allow the Minister to say how and when the employment provisions apply to seafarers on ships and crew on hovercraft in accordance with international law and custom and the global practices of the shipping industry. The Minister may make provision with regard to ships outside Great Britain.
286.This section replaces provisions in previous legislation concerning its application to seafarers.