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

[JumbleDuck]

Well, I'm with Jerrytug, I am I also incapable of understanding how a Court/Tribunal can define her as an employee/worker and not as a disgruntled paying customer. She's possibly got good reasons for being disgruntled, I really don't know whether she has or hasn't but without seriously bending historically accepted definitions, she's clearly a paying punter and not an employee.

Nobody has claimed she was an employee.

 

[lw395]

I would say I am no expert and quite possibly confused. The rules about employees, workers, supervisors, manager's, contractor's. Such as ways he employed by a contractor or by you when he fell of your roof.

Though in this case would she not be exempted by the provisions you point out.
By paying a fee to the business. Is she not a client or customer.

I suppose the tribunal will decide.

It all sounds like time to register the boats elsewhere.

TBH I just don't see the appeal of paying a load of cash to be a passenger and part-time deckhand on these things.

 

[SLC]

Whether in agreement or not, people like her are to be admired. Without these people(those willing to bring test cases to Tribunal) employment law would be almost nonexistent and we would not have the protection we enjoy today.

Without people like her most on here would not be enjoying boats as employment would not be seen as a stable source of income to lenders.

 

[quimby]

Quote
In a light-hearted YouTube video apparently from Ms Harvey just before she started the race last September, Sir Robin is seen imitating Sir Alan Sugar in the TV reality show The Apprentice and says: “Ruth, I have never seen such a potential disaster in all my life. You’re fired.”
_________________________________________________________

RKJ should have followed through! He was obviously a good judge of character. imo

 

[Lakesailor]

Perhaps that is the basis of her claim to have been employee. She couldn't be fired if she wasn't.

 

[alant]

It all sounds like time to register the boats elsewhere.

TBH I just don't see the appeal of paying a load of cash to be a passenger and part-time deckhand on these things.

Maybe, by signing an 'agreement', it might offer some protection as a merchant seaman on a British flagged vessel, which being a passenger would not. The crew, would have a great variety of passports, which might not be acceptable in some situations.

 

[JumbleDuck]

Perhaps that is the basis of her claim to have been employee. She couldn't be fired if she wasn't.

The woman who wrote the blog about her experiences was fired after four legs, was she not? How does one fire a customer?

 

[Lakesailor]

I think she was being tired and emotional....

 

[alant]

I think she was being tired and emotional....

PMT?

 

[Appledore]

Update:

From PBOJan 2015, page 7.

The case has been dismissed entirely and the judge intends to award costs to Clipper Venture on the basis that there was never any sensible basis for suing Sir Robin (etc.).

 

[[32511]]

And I hope the dear lady has the finds for picking up the costs....

 

[JumbleDuck]

The case has been dismissed entirely and the judge intends to award costs to Clipper Venture on the basis that there was never any sensible basis for suing Sir Robin (etc.).

Is this just the case to decide whether it could be heard at an employment tribunal or has she also lost a breach of contract case?

Edit: It's just the employment tribunal case - it has been decided that she was not an employee. http://www.telegraph.co.uk/news/112...Johnston-over-round-the-world-yacht-race.html I imagine that other routes of legal redress are still open to her, if she can afford them.

 

[Appledore]

According to PBO, the charge of harassment has been withdrawn completely.

Not sure I would want to pursue it further if I was Ms Harvey, considering Lt Roland Wilson of the yacht 'Atlanta of Chester' argued in court that he had the 'right of Way' over that rather large tanker in the Solent, and ended up paying £100,000 in costs and the end to his regular Navy career.

I know it's a different case completely, but costs can be costly!!

 

[JumbleDuck]

According to PBO, the charge of harassment has been withdrawn completely.

Not sure I would want to pursue it further if I was Ms Harvey, considering Lt Roland Wilson of the yacht 'Atlanta of Chester' argued in court that he had the 'right of Way' over that rather large tanker in the Solent, and ended up paying £100,000 in costs and the end to his regular Navy career.

I know it's a different case completely, but costs can be costly!!

She can sue for up to £10,000 by the Small Claims track, which has - generally speaking - no costs.

 

[duncan99210]

She can sue for up to £10,000 by the Small Claims track, which has - generally speaking - no costs.

Think that's only for debts etc, not damages for harassment etc.

 

[mainsail1]

What a relief that common sense has prevailed.

 

[JumbleDuck]

Think that's only for debts etc, not damages for harassment etc.

It's any small claim - the track has been successfully used for defamation, for example. However in this case I'd expect her to sue - if she sues at all - for breach of contract.

 

[jerrytug]

What a relief that common sense has prevailed.

Why did she sign on a sloop, with the blatant phallic symbolism of the single mast dominating life on board?

The incandescent flame of equality must still be burning in her ample breast, beware ARC skippers..

 

[Seajet]

Why did she sign on a sloop, with the blatant phallic symbolism of the single mast dominating life on board?

Because she'd already spotted what she thought might be a chance of a quick few £ thou ?

 

[northwind]

I don't think she did it for the money, I think it was a calculated PR stunt to try and raise her profile as a Lawyer, that has obviously now backfired.