Skip to main content

SponsoredBuild your website with Vincony

Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All sections of Employment Rights Act 1996
1996 c. 18, s.199

Section 199 — Mariners.

Extent: E+W+S

This version in force from 2024-10-01

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(1) Sections 1 to 7, [F1 Parts 2 and 2B] and sections 86 to 91 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State [F2 or an agreement specified in regulations under section 32(a) of the Merchant Shipping Act 1995].

(2) Sections 8 to 10, Part III, sections 44, 45, 47, [F3 47C, [F4 [F5 47E], [F6 47F,]] [F7 Part 5B, sections] 50 to 57B] and 61 to 63, [F8 Parts [F9 6A to 8B]], sections 92 and 93 and . . . [F10 Part X] do not apply to employment as master, or as a member of the crew, of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel.

(4) Sections 8 to 10 and 50 to 54 ... do not apply to employment as a merchant seaman.

(5) In subsection (4) “employment as a merchant seaman”—

(a) does not include employment in the fishing industry or employment on board a ship otherwise than by the owner, manager or charterer of that ship except employment as a radio officer, but

(b) subject to that, includes—

(i) employment as a master or a member of the crew of any ship,

(ii) employment as a trainee undergoing training for the sea service, and

(iii) employment in or about a ship in port by the owner, manager or charterer of the ship to do work of the kind ordinarily done by a merchant seaman on a ship while it is in port.

(7) [F11 The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if—]

(a) [F11 the ship’s entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging,]

(b) [F11 under his contract of employment the person employed does not work wholly outside Great Britain, and]

(c) [F11 the person employed is ordinarily resident in Great Britain.]

(8) [F11 The provisions are—]

(a) [F11 sections 8 to 10,]

(b) [F11 Parts II, [F12 2B,] III and V, ]

(ba) [F11 [F13 Part 5B,]]

(c) [F11 Part VI, apart from sections 58 to 60,]

(d) [F11 [F14 Parts [F15 6A to 8B],]]

(e) [F11 sections 92 and 93, and]

(f) [F11 Part X.]

Amendment notes

  1. F1 Words in s. 199(1) substituted (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 12(2)(c)(i), 14(2); S.I. 2023/876, reg. 3(c); S.I. 2024/829, reg. 3(l)
  2. F2 Words in s. 199(1) inserted (7.8.2014) by The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014 (S.I. 2014/1614), regs. 1, 3
  3. F3 Words in s. 199(2) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 34(a); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 8, 10, 11)
  4. F4 Word in s. 199(2) inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 44(2)(a); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
  5. F5 Word in s. 199(2) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 41(8), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
  6. F6 Words in s. 199(2) inserted (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40, 269(4), Sch. 1 para. 7(a); S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22)
  7. F7 Words in s. 199(2) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(7)(a), 3(2)
  8. F8 Words in s. 199(2) substituted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 44(2)(b); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
  9. F9 Words in s. 199(2) substituted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 13(a); S.I. 2023/1283, reg. 2
  10. F10 Words in s. 199(2) substituted (13.4.2018) by The Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018 (S.I. 2018/407), regs. 1(1), 2(2) (with reg. 2(4)(5))
  11. F11 S. 199(7)(8) inserted (25.10.1999) by 1999 c. 26, s. 32(4); S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. I (with transitional provisions in Sch. 3 para. 7(2))
  12. F12 Word in s. 199(8)(b) inserted (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 12(2)(c)(ii), 14(2); S.I. 2023/876, reg. 3(c); S.I. 2024/829, reg. 3(l)
  13. F13 S. 199(8)(ba) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(7)(b), 3(2)
  14. F14 S. 199(8)(d) substituted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 44(3); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
  15. F15 Words in s. 199(8)(d) substituted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 13(b); S.I. 2023/1283, reg. 2