header-logo header-logo

Unfair dismissals—stormy waters ahead?

20 May 2022 / Charles Pigott
Issue: 7979 / Categories: Features , Employment
printer mail-detail
81945
Mass dismissal of P&O staff has shed a light on limitations of UK labour law, says Charles Pigott
  • The sudden dismissal of 786 seafarers by P&O in March 2022 has led the Government to announce a new statutory code of practice.
  • Their replacement with cheaper agency workers has also illustrated the territorial limitations of the UK’s National Minimum Wage legislation.

The dismissal of nearly 800 staff by various companies in the P&O group in mid-March without prior consultation or notice, led to widespread calls for more to be done to protect workers in the context of mass redundancies. It also provides an illustration of how the legal regime, which applies to international shipping companies, even if some of their operations are based in the UK, differs significantly from that applying to shore-based businesses.

Collective redundancies legislation

Like most domestic employment protection legislation, the provisions on collective redundancies in Part IV Chapter II of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) extend to employees who have a sufficiently close connection

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll