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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 5137
Experience:  Owner at James Bruce Solicitors
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I am equiring to see which law Government's law i come

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Good day, I am equiring to see which law Government's law i come under. My contract and crewing agent if Guernsey. However i am a seafarer joining and leaving a ship in the UK on a regular basis, my residence in England and the HR department dealing with my redundancy in in an office in the UK
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Our HR dept seems to think we are Guernsey law. However in the case of 'Diggins vs Condor Marine Crewing Services' it states that we are UK
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee of condor marine crewing services yes i do
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not at this

Hello I will assist.

The case you stated above, correctly states that UK jurisdiction applies.

There is further care law at employment Tribunal which showed U.K. tribunal dealings with the same employer.

Mr Paul Watkins v Condor Marine Crewing Services Ltd

Customer: replied 1 year ago.
Thank you for your response. Does this mean that I am covered by UK law during the redundancy process?

That would be correct.

With a big company such as yours, it could be clarified in your contract of employment. It does not have to state which jurisdiction would apply but it may do.

Customer: replied 1 year ago.
It does state that Guernsey law applies in my contract hence the confusion to why two case studies say UK law as my residence is UK, HR dept is uk and leaving and joining the ship in the uk however my contract states Guernsey law, I have read that Guernsey employment law only applied to residents.

Yes, Guernsey law will apply to various contract matters, however, as far as employment law is concerned, you can bring an employment case to a tribunal in the U.K. because that is where you normally live and work from. That right has been established by the European court of justice.

Hope this clarifies the position.

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Customer: replied 1 year ago.
Sorry I have two more questions, I will rate you however the button says ‘rate expert to finish’ and I’m not quite finished as you have being very helpful and do not wish to end this feed yet.At the start of lockdown the company illegally placed us on 50% pay and 50% work against our contracts. Once they realised that they had dropped the ball they sent out an ‘amendment’ letter which we had to sign in order to satisfy the legality. It was asked that if we did not sigh this letter then what would happen, they implied that our jobs would be at risk. It was stated that the only reason we are on 50% is to save jobs.
As we were not PAYE we could not be furloughed, Uk based staff had been, two ships staff were still operational so therefore were on 100% pay along with certain Un-furloughed office staff.
We fought for a furlough based pay system of 80% capped at 2500 which they reluctantly agreed.
The company states they do not recognise unions for negotiations, due to the illegal beginning of Covid, we have asked every week for a rep to sit in with us during forum meetings in order to ensure things are above board for the employee, Condor have flat out refused at each step of the way, what is the employees rights to have a lawyer or union member sat in a redundancy consultation? As the company have lawyers and HR specialists yet the employees have nothing.
And, do we have a cause to raise a grievance against the company for any of the above ?

Clearly they have acted wrong and then attempted to correct matters.

As Employment tribunals in England do apply to this company, their actions by changing pay as stated above, could well lead to wrongful dismissal cases. This is where they have breached terms of employment.

As for Union representation, yes this is allowed and should take place.

On that subject, Guernsey even have their own rules for redundancy, and in there it clearly states at section 8.1 that in unions exist, they should be consulted and kept informed as to what is happening.

I have attached that doc link below.

https://www.gov.gg/CHttpHandler.ashx?id=119577&p=0

james bruce and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help

Your welcome, good luck.