The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982

Mariners—meaning of “employee”

6.—(1) Subject to regulation 9, where a mariner—

(a) is employed as such and—

(i) the employment is on board a British ship; or

(ii) the employment is on board a ship and the contract in respect of the employment is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on her voyage; and

(iii) in a case to which head (ii) applies, the person by whom the mariner's earnings are paid, or, in the case of employment as a master or member of the crew of a ship or vessel, either that person or the owner of the ship or vessel (or the managing owner if there is more than one owner) has a place of business in Great Britain; or

(b) is employed as a master, member of the crew or radio officer on board any ship or vessel, not being a mariner to whom the last preceding sub-paragraph applies; and

(i) in the case of the employment being as a radio officer, if the contract under which the employment is performed is entered into in the United Kingdom, the employer or the person paying the radio officer his earnings for that employment has a place of business in Great Britain, or,

(ii) in the case of the employment being as a master, member of the crew or radio officer, if the contract is not entered into in the United Kingdom, the employer or the person paying the earnings has his principal place of business in Great Britain,

then, unless he is a mariner to whom paragraph (2) applies, he shall, notwithstanding that he may not be employed in Great Britain, be treated as an employee for the purposes of Part I.

(2) A mariner who—

(a) is in employment (including any period of leave, other than leave for the purpose of study, accruing from the employment) as a master or member of the crew of a ship, where—

(i) the employment is on a foreign-going ship; or

(ii) the employment is partly on a foreign-going ship and partly otherwise than on such a ship, and it is a requirement of the contract of service which relates to that employment that any payment of earnings in respect of that employment is to be made during the employment on the foreign-going ship; or

(b) has been in such employment as is mentioned in sub-paragraph (a), where

(i) not more than 13 weeks have elapsed since he was last in such employment;

(ii) he continues to be employed by the employer by whom he was employed when he was last in such employment; and

(iii) he is not employed (by that employer or any other) on terms which are inconsistent with his being able to resume such employment as is mentioned in sub-paragraph (a) after not more than 13 weeks have elapsed since he was last in such employment;

shall, notwithstanding that he may be employed in Great Britain, not be treated as an employee for the purposes of Part I.