The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018

Amendment of the Trade Union and Labour Relations (Consolidation) Act 1992

3.—(1) The Trade Union and Labour Relations (Consolidation) Act 1992(1) is amended as follows.

(2) After section 193 insert—

“193A.   Duty of employer to notify competent authority of a vessel’s flag State of certain redundancies

(1) Section 193 has effect subject to this section if—

(a) the duty under section 193(1) or 193(2) applies to a proposal to dismiss employees as redundant, and

(b) the employees concerned are members of the crew of a seagoing vessel which is registered at a port outside Great Britain.

(2) The employer shall give the notification required by section 193(1) or (2) to the competent authority of the state where the vessel is registered (instead of to the Secretary of State).”.

(3) In section 285 (employment outside Great Britain)—

(a) in subsection (1) for “193 and 194” substitute “193 to 194”;

(b) after subsection (1A) insert—

“(1B) For the purposes of subsection (1) as it relates to sections 193 to 194, employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain.”;

(c) in subsection (2), for “purposes of subsections (1) and (1A)” substitute “other purposes of subsection (1) and the purposes of subsection (1A)”.

(4) The amendments made by paragraphs (2) and (3) only have effect in relation to dismissals(2) which are first proposed by an employer on or after the date on which these Regulations come into force.

(1)

1992 c.52.

(2)

See section 195 of the Trade Union and Labour Relations (Consolidation) Act 1992 for the meaning of “dismissals”.