34

P&O Ferries - wholesale 'fire and rehire'

On the face of it, startling - appalling? - employer actions from P&O

eg

https://www.independent.co.uk/travel/news-and-advice/p-o-ferries-dover-calais-latest-news-suspended-b2037991.html

It's possibly legally-complicated because they're seafarers, but can't see how on earth they're being 'made redundant'

If these actions end up being deemed to have been lawful, then there's something badly wrong with the applicable law, IMHO.

8441 views
  • In reply to Robey:

    Ah! Robey - that's alright then, now I understand - as you yourself put it before, "it's hard to see what else could have been done..."
  • I'm curious as to whether TUPE should apply here as they are transferring the responsibility of staffing the ships to a third party.

    Are seafarers exempt from TUPE too?

    Legal minefield!
  • You can reference any law you like. P&O, that once respectable shipping company with a long British history is owned by Dubai World.

    I doubt they care less what our laws are.
  • In reply to David Perry:

    In Dubai trade unions are illegal and collective bargaining and unfair dismissal protection non-existent.....
  • In reply to David:

    And the HR department's role in all this?? Maybe; "Lets make it more personal and soften the blow - we'll do a video".

    P&O does have an HR department? Right?
  • I suspect that P&O Ferries' reputational damage will last longer than they expected, not just from the initial public horror but also the news that highly experienced seafaring professionals have been replaced with cheap labour reputedly being paid below NMW in some cases. One can only imagine the impact on safety with that - who will want to get on a P&O Ferry again?!
  • In reply to Claire :

    I would like to think you are right Claire - certainly current social media supports a boycott of using P&O. But people have short memories and financial pressures, and when they are £10 cheaper than a rival - many will soon forget.....
  • In reply to Anne:

    Sadly you're right, Anne. The more sobering thought is the one that asks "If they're prepared to completely ignore employment law to save a few quid, how likely are they to have also cut corners on safety training, equipment and maintenance?"

    David, I remember back when we were discussing the awful employment practices at Sports Direct, we wondered what role the HR Director there had played at the time in enabling (or, at best, not constraining) Mike Ashley's worst excesses. And similar questions have been asked of the HR leadership in Amazon (although that must perforce be influenced by US work culture).

    Will the CIPD hold the HR leadership at P&O accountable for ethical violations, or whichever clever-clever change management consultant they called in to help make this happen (assuming they are members)?

  • In reply to Robey:

    The CIPD take these concerns very seriously. The Code of Conduct is underpinned by a process to examine potential breaches such as these and we are reviewing the situation.
  • Steve Bridger

    | 0 Posts

    Community Manager

    23 Mar, 2022 15:31

    In reply to Tina:

    Thanks, Tina. You just beat me to it.

    For the benefit of readers... Tina leads the CIPD's Professional Conduct and Ethics work.
  • In reply to Steve Bridger:

    According to LinkedIn, their "Head of xxx" (who I'd better not name here for all kinds of reasons) joined the company in March 2021. No CIPD membership is mentioned currently, but I have a feeling it might have been when I first looked him up there a week or so ago. One of his endorsements there states that: "....He has a passion for pushing boundaries of existing practice to explore new ideas and methodologies...." - quite so!!

  • Steve Bridger

    | 0 Posts

    Community Manager

    23 Mar, 2022 16:36

    In reply to David:

    Let's not go there,
  • Steve Bridger

    | 0 Posts

    Community Manager

    23 Mar, 2022 20:42

    In reply to Steve Bridger:

    The sacking of over 800 staff last week by P&O Ferries, a subsidiary of Dubai-based DP World, caused a public outcry in the UK, and prompted many questions about the legality of the process. The employees were made redundant with agency workers hired to do the work.


    The CIPD invited HR-inform to give its legal perspective on the case.

    P&O redundancies: seafarer employees and the scope of UK law

  • In reply to Steve Bridger:

    Seems useful comment as far as it goes but to me anyhow it doesn’t really consider the wider matters in practical context eg that it’s likely that at least one of the c. 800 dismissed employees will refuse to enter into any offered settlement agreement and therefore allow their trade union to take this to a Tribunal. And that even if the employer does succeed in exploiting this jurisdictional loophole, HM Government / Parliament may well change the applicable law, either for the future or even retrospectively.

    There’s also no consideration of the notification of collective dismissals aspect specifically, as outlined by one of the trade unions involved here:

    https://www.nautilusint.org/en/news-insight/news/pando-ferries-broke-the-law-and-must-be-penalised/