SHIPPING - RACE RELATIONS UPDATE

RMTnews :: september 2005 12 SHIPPING The union has been seeking legal advice regarding possible complaints to International institutions. RMT has now formally submitted complaints under the following legislation and institutions: • International Labour Organisation • International Committee on Economic, Social and • Cultural Rights • EU Social Chapter The publicity and campaigning value of complaints to these bodies will undoubtedly assist efforts to end this unacceptable discrimination. In addition, the UK government has now conceded that the 1976 Race Relations Act will have to be reviewed. This statement has opened up the whole issue and forced the government to respond. The European Union Transport Commissioner stated that EU seafarers will have to be paid according to the home flag of the vessel they are serving on if this is an EU flag vessel. The Department of Transport have indicated that if a close enough link can be established between an EU seafarer and the UK flag then discrimination in pay will not be permitted in future once the revised legislation is in place. The union is determined that the government implements a full and effective reform of the Race Relations Act, as the above reference to close enough link has not yet been defined. Accordingly, RMT has taken legal advice on the chances of winning a successful claim and has been advised that a claim against the 1976 Act for being in breach of EU free movement of labour legislation is likely to be successful and the union is now in the process of writing to the European Commission. In addition, the union is also now investigating the legal position of non EU nationals on EU flag vessels, and also the rights of EU seafarers who work for companies based in the UK or the EU, but where the vessel is registered in a non-EU state. A further update will be provided in the near future. RACE RELATIONS UPDATE Bridge McFarland S O L I C I T O R S Have you got a problem you need legal help with? As well as offering expertise in a wide range of subjects we have specialists in employment law, personal injury, accidents at sea, diver’s claims and clinical negligence claims Home visits and telephone appointments can be arranged where appropriate 19 South St. Mary's Gate Grimsby, North East Lincolnshire DN31 1JE Tel. 01472 311711 www.bridgemcfarland.co.uk e-mail jrb@bmcf.co.uk The campaign against the exemption from the 1976 Race Relations Act, for non- domicile seafarers recruited abroad is continuing.