Wow! Now your crew are actually employees - or so says a lawyer!

[dgadee]

The signing of most waivers is OK as long as both parties exercise good judgement.

It does not excuse nor cover inappropriate/unlawful behaviour/practice.

So not worth the paper it's written on.

 

[JumbleDuck]

The idea that unpaid crew still count as quasi-employees emerged recently as a useful aspect of the coding rules ... as I recall the MCA's unofficial view was that the rule about "for the pleasure of the owner and his/her friends" did not apply to crew engaged to help sail the boat. We might not all be cheering if a court ruled against that idea.

 

[Tranona]

The idea that unpaid crew still count as quasi-employees emerged recently as a useful aspect of the coding rules ... as I recall the MCA's unofficial view was that the rule about "for the pleasure of the owner and his/her friends" did not apply to crew engaged to help sail the boat. We might not all be cheering if a court ruled against that idea.

That was nothing to do with employment relationships - it was defining whether the voyage was for the benefit of the owner when the crew was making a contribution. A contribution and the crew having responsibilities on board differentiates from a "commercial" voyage and therefore the boat requires coding.

As I understand the case being discussed here is only to establish whether or not an employment relationship exists, not to deal with her claims. She may well be able to make claims under other areas of law even if the employment tribunal decides against her.

 

[FullCircle]

Excellent, I am now preparing a case against full circle, for 48 hours crewing on his boat, unendurable physical abuse...climbing all those steps to get to RTYC before last orders, sexual harassment...making me wash dishes which is clearly woman's work. Allowing under supervision, drinking above sensible limits probably causing permanent health damage. The list goes on.

I await the summons with some amusement.
Most of your ills were due to the refresher training you required after a period of louche retirement.

 

[Vitesse]

From the lady herself...

"Each boat has 20 people on board and the cost is over £40,000 each. I am begging and borrowing to fund the trip!" explained Ruth, who would welcome sponsorship in cash and kind from local businesses.

 

[SLC]

Does she live in Brighton marina?

 

[Downsman]

" I am begging and borrowing to fund the trip!" explained Ruth, who would welcome sponsorship in cash and kind from local businesses. "

Yeaaah! Stalkers report to standby stations...

 

[Sandy Bottom]

It's like someone paying a prostitute to spank them and then complaining that they have a sore ar8e. (imho)

 

[jerrytug]

It's like someone paying a prostitute to spank them and then complaining that they have a sore ar8e. (imho)

Hahahahahahahahahahahahahah!!!!!
Priceless.
No more needs to be said, the thread is now over.

 

[Seven Spades]

Jumbleduck she may or may not have been treated badly that is not the point. The point is that an employment tribunal is not the right place for this case. She is not an employee.

 

[SLC]

It's like someone paying a prostitute to spank them and then complaining that they have a sore ar8e. (imho)

I shall note this analogy.

Well, Your Honour

It goes a little like this.........

 

[laika]

The point is that an employment tribunal is not the right place for this case. She is not an employee.

But she is an employment lawyer. The Law of Instrument might be being applied...

 

[Sandgrounder]

Jumbleduck she may or may not have been treated badly that is not the point. The point is that an employment tribunal is not the right place for this case. She is not an employee.

That is for the Employment Tribunal to decide; it's what the case is about.

 

[Lakesailor]

The case is about her having being dissed despite the fact she had paid to be 'pected. Yo!

 

[Tranona]

The case is about her having being dissed despite the fact she had paid to be 'pected. Yo!

No. Read the report. She is only asking for a ruling about the employment relationship. If the tribunal rules in her favour, then she will pursue her other claims. If (as expected) it rules against her, subject to appeals and the depth of her pockets she may well try alternative ways of getting redress.

Clearly she hopes for a favourable ruling as her claims are arguably easier under employment law.

 

[Lakesailor]

Did you have a humourectomy at some stage in your life?

 

[Tranona]

Did you have a humourectomy at some stage in your life?

Sorry - don't see anything humorous in your post - or maybe I misunderstand the odd language you used.

 

[jerrytug]

By her bizarre logic, when I did my YM prep course and was loudly called a c0ck (for going aground in fog, at midnight, in the Percuil River), I was in fact an employee being subjected to bullying in the workplace! And sexual harrassment!
Silly attention-seeking heifer seeks attention, move along now, nothing to see etc.

 

[Lakesailor]

Sorry - don't see anything humorous in your post - or maybe I misunderstand the odd language you used.

Perhaps it's a West Country thing....

 

[Seajet]

This woman - and Jumbleduck I fear - clearly didn't get the idea and spirit of RKJ's outfit; she would have been better off on a cruise liner, ideally the QE2 - in present state !