Ship master's right to be paid during short breaks

P&O Ferries v Spencer [2005] UKEAT 0433/04 (28 February 2005)

The recent Employment Appeals Tribunal’s decision in P&O Ferries v Spencer [2005] UKEAT 0433/04 (28 February 2005) tackles one of the more interesting provisions in standard seafarers’ employment contracts in the context of the Merchant Shipping (Hours of Work) Regulations 2002 (SI 2002 No 2125). It might be recalled that those Regulations are intended to give effect to EU Council Directive 1999/63/EC (Seafarers’ Working Time). Under the Directive, a seafarer should be provided with either maximum hours of work (which include 14 hours in any 24-hour period) or at least minimum hours of rest (which include not less than 10 hours in any 24-hour period). Member States thus have an option either to prescribe maximum hours of work or minimum hours of rest.The 2002 Regulations opted for the latter. Also, the Directive allowed Member States to introduce more favourable provisions than the Directive. As regards minimum hours of rest, the 2002 Regulations did so. Whereas the Directive required minimum hours of rest of 72 hours in any period of one week, the Regulations required a minimum of 77 hours. That threshold was taken from the International Labour Organisation Convention.