(1) Ms A Hayford (2) Mr K Biddle v P & O Ferries (Jersey) Ltd
| Jurisdiction | UK Non-devolved |
| Judge | Judge Auerbach |
| Neutral Citation | UKEAT/0027/20/AT |
| Subject Matter | Not landmark |
| Court | Employment Appeal Tribunal |
| Published date | 17 June 2021 |
Copyright 2021
Appeal No. UKEAT/0027/20/AT
EMPLOYMENT APPEAL TRIBUNAL
ROLLS BUILDING, 7 ROLLS BUILDINGS, FETTER LANE, LONDON, EC4A 1NL
At the Tribunal
on 7 and 8 April 2021
Judgment handed down on 17 June 2021
Before
HIS HONOUR JUDGE AUERBACH
(SITTING ALONE)
MS A HAYFORD AND MR K BIDDLE APPELLANTS
P & O FERRIES (JERSEY) LIMITED RESPONDENT
Transcript of Proceedings
JUDGMENT
UKEAT/0027/20/AT
APPEARANCES
For the Appellants Mr O Segal QC
Mr L Harris
Instructed by:
Richard Williams
RMT Legal Department
Maritime House
Clapham Old Town
London SW4 0JW
For the Respondent Mr C Glyn QC
Instructed by:
Pinsent Masons LLP
Princes Exchange
1 Earl Grey Street
Edinburgh EH3 9AQ
UKEAT/0027/20/AT
SUMMARY
WORKING TIME - SEAFARERS
The claimants were seafarers who worked on a ferry sailing between Dover and Calais. Their
statutory rights to paid annual leave were found not in the Working Time Regulations 1998, but
in distinct domestic regulations. These implemented a Directive specifically applicable to
seafarers, which adopted a social partners’ agreement on the working time of seafarers. That in
turn reflected the provisions of the Maritime Labour Convention 2006.
In any given year, the claimants each had a certain number of weeks during which they were
rostered to work on the vessel, and a certain number of weeks during which they were on shore.
Their terms and conditions accorded them contractual rights to paid annual leave which were less
than their statutory rights.
The principal issues raised by the appeal and cross-appeal were (a) whether the claimants only
accrued leave entitlement when they were working, or throughout their periods of employment,
both when they were working on the vessel and when they were on shore; and (b) whether they
had received their full statutory pay in respect of the leave that they had both accrued and taken.
Held:
(1) The claimants accrued leave entitlement throughout their employment, not only in periods
when they were working on the vessel. The reasoning in Harpur Trust v Brazel [2020]
ICR 584 (CA) is applicable to seafarers.
(2) The Tribunal had rightly concluded (which was not challenged on appeal) that, given the
number of weeks in which each of them was not rostered on the vessel, the claimants had
both been accorded their full statutory rights to take leave.
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