Part XIII Miscellaneous
Chapter I Particular types of employment
Excluded classes of employment
F1196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2197 Fixed-term contracts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26198 Short-term employment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
199 Mariners.
1
Sections 1 to 7, F29Parts 2 and 2B 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 F23or an agreement specified in regulations under section 32(a) of the Merchant Shipping Act 1995.
2
Sections 8 to 10, Part III, sections 44, 45, 47, F347C, F4F547E, F647F,F27Part 5B, sections 50 to 57B and 61 to 63, F7Parts F326A to 8B, sections 92 and 93 and F8. . . F24Part X 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.
F93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Sections 8 to 10 and 50 to 54 F25... 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
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F117
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.
F118
The provisions are—
a
sections 8 to 10,
b
Parts II, F302B,III and V,
F28ba
Part 5B,
c
Part VI, apart from sections 58 to 60,
e
sections 92 and 93, and
f
Part X.
C1C2C3200 Police officers.
1
Sections 8 to 10, Part III F13. . . , sections F1443M,F15. . ., 45, F1645A, 47 F13. . . , F1747C, 50 F18to 57B and 61 to 63, Parts VII and VIII, sections 92 and 93 F19and, Part X F20(except sections 100 F21, 103A and 134A and the other provisions of that Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100 F22or 103A)F31. . . do not apply to employment under a contract of employment in police service or to persons engaged in such employment.
2
In subsection (1) “police service” means—
a
service as a member of a constabulary maintained by virtue of an enactment, or
b
subject to section 126 of the M1Criminal Justice and Public Order Act 1994 (prison staff not to be regarded as in police service), service in any other capacity by virtue of which a person has the powers or privileges of a constable.