Jump to content

P&O. What does the future hold?


John Wright

Recommended Posts

P&O Ferries ( not Cruises ) have recalled all ferries to home Port and cancelled sailings, pending an announcement.

Last Year Peel Ports impounded one of their ferries in Liverpool as they hadn’t paid port charges for many months.

Tough game, shipping.

https://www.independent.co.uk/travel/news-and-advice/p-o-ferries-dover-calais-cancelled-b2037850.html

Link to comment
Share on other sites

2 hours ago, Manxweegie said:

Don't worry, they will all be running again shortly. Not being liquidated, not being impounded, a lot of panic over nothing. 
 

Just sacked all of their crew... Not a great look for the company and certainly suggests there may be something else to worry about.

https://www.theguardian.com/uk-news/2022/mar/17/po-ferries-halts-sailings-before-major-announcement

Link to comment
Share on other sites

58 minutes ago, manxman1980 said:

Just sacked all of their crew... Not a great look for the company and certainly suggests there may be something else to worry about.

https://www.theguardian.com/uk-news/2022/mar/17/po-ferries-halts-sailings-before-major-announcement

....assuming the pay through these agencies must be lower somehow.

Clearly deeper problems. 

Seems like their statement they aren't going out of business should have contained the word 'yet'.

Link to comment
Share on other sites

1 hour ago, Eris said:

Russian owner has applied sanction against the UK according to scuttlebutt.

Doesn't look Russian to me...

"DP World, based in Dubai, is one of the world’s biggest logistics, cargo and port operators, with around 50,000 employees.

It has a network of more than 80 terminals around the world, handling 15pc of the world’s container shipping traffic.

Its chief executive and chairman is Sultan Ahmed bin Sulayem, who previously criticised UK politicians for being indecisive during the Brexit process."

Link to comment
Share on other sites

Interesting watching the video and hearing that the reason for termination was "redundancy" whilst then engaging a third party to crew the ships.  In the UK there is a little piece of legislation known as the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  TUPE would appear to apply in these circumstances (service provision change) which would mean that all the crew should have transferred across on their existing terms and conditions to the third party supplier.

On top of the unfair dismissal claims I would expect to see claims brought for a failure to consult under TUPE as well.

Whoever decided on this course of action has really stuffed it up.  

Link to comment
Share on other sites

10 minutes ago, manxman1980 said:

Interesting watching the video and hearing that the reason for termination was "redundancy" whilst then engaging a third party to crew the ships.  In the UK there is a little piece of legislation known as the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  TUPE would appear to apply in these circumstances (service provision change) which would mean that all the crew should have transferred across on their existing terms and conditions to the third party supplier.

On top of the unfair dismissal claims I would expect to see claims brought for a failure to consult under TUPE as well.

Whoever decided on this course of action has really stuffed it up.  

Are you sure this is a case where TUPE applies? P&O haven’t transferred their undertaking or business.

Link to comment
Share on other sites

12 minutes ago, John Wright said:

Are you sure this is a case where TUPE applies? P&O haven’t transferred their undertaking or business.

It would fall under a service provision change regulation 3b

a service provision change, that is a situation in which—

(i)activities cease to be carried out by a person (“a client”) on his own behalf and are carried out instead by another person on the client’s behalf (“a contractor”);

(ii)activities cease to be carried out by a contractor on a client’s behalf (whether or not those activities had previously been carried out by the client on his own behalf) and are carried out instead by another person (“a subsequent contractor”) on the client’s behalf; or

(iii)activities cease to be carried out by a contractor or a subsequent contractor on a client’s behalf (whether or not those activities had previously been carried out by the client on his own behalf) and are carried out instead by the client on his own behalf,

The only hesitation I would have is whether UK law does apply or not and that is because I believe that there can be some quirks when it comes to ships crew and which legislation apply.  Given P&O ferries largely operate in the British Isles and European waters I think they will have a hell of a job arguing TUPE or the Acquired Rights Directive does not apply.

Link to comment
Share on other sites

12 minutes ago, offshoremanxman said:

They’re shipping in temporary workers so I can’t see how TUPE can apply. They’re not transferring anything. They’re stopping peoples employment and employing agency staff to fill their roles over their termination period. 

Look at the definition of a service provision change again and then consider what you have said about "stopping peoples employment and employing agency staff to fill their roles".  

The bit about providing cover over the termination period is nonsense as the video clearly says "dismissed on the grounds of redundancy with immediate effect".  P&O have not given any notice to terminate employment and I would expect them to be making a payment in lieu of notice (otherwise that allows another claim of wrongful dismissal to be brought).

It is also apparent that P&O have failed to consult over the redundancies and I suspect they have not notified the Government via the HR1 form as is required. If that is the case then it is a criminal offence which carries a small fine of £5000.

I suspect that we are seeing the demise of P&O ferries.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...