A British cruiseship entertainer is claiming Royal Caribbean Group denied him a dream job when it found out about his mental health problems.
James Alton is taking the US shipowner to a UK employment tribunal in November on the grounds of discrimination, seeking £32,000 ($42,600) for lost earnings, injury to feelings and aggravated damage.
But the 34-year-old fears his case will fall foul of the same legal jurisdiction loophole that scuppered a payout to former Wallem cadet Sophia Walker.
Even though a UK employment tribunal agreed that Walker suffered sexual discrimination when refused a job on a cargoship, the panel was powerless to impose a fine because the UK Equality Act does not apply to foreign-flag ships operating overseas.
Upsetting
Alton said his saga began in December 2018 when he flew to Australia to join the 3,111-berth Explorer of the Seas (built 2000).
This was to be his first cruiseship job, working as an entertainer hosting talent competitions.
In tribunal submissions seen by TradeWinds, Alton, who was diagnosed with bipolar disorder in 2013, said he was offered a job after a final interview on 8 November 2018, on a net salary of £1,400 per month.
“Upon arriving, I was informed that there was a problem and I couldn’t board the ship,” he said in a witness statement.
“For a few days, I did not know what was going to happen, and found this upsetting. I was eventually told I had to return to England. I became very depressed and was escorted home on 21 December [2018].”
He alleges the first he knew of his dismissal was when a slip of paper was pushed under his Australian hotel door.
Alton claims the job was withdrawn because a friend he used to live with, who later developed a vendetta against him, had informed Royal Caribbean of his mental health history.
Two doctors he later consulted at the request of the company confirmed by email that there was no reason he could not take up the employment, he wrote.
I didn’t [reveal my past health history] because I was scared of them discriminating against me and, in a way, they’ve proved my reason for not disclosing it
James Alton
But Alton also alleges that on 31 December 2018, a director of a pre-employment medical examination company contracted by Royal Caribbean told him: “We cannot take you on to work for us after us finding out that you used to have bipolar, and we don’t have facilities for mental health on the ship.”
After trying to contact Royal Caribbean for six months, he received emailed confirmation of his termination in September 2019, which he considers his effective date of termination for the purposes of the tribunal.
Alton told TradeWinds that he has proof of sick pay until the end of January 2019.
“To get sick pay, you need to be employed,” he said. “They’re saying I wasn’t even employed by them.”
‘Appalling’
Alton said the company should have sent someone to talk to him at the hotel if they knew he had previous mental health problems.
“I find that appalling,” he told TradeWinds. “Why would you do that and not have someone there when you receive that piece of paper?
“They didn’t contact me for six months. It’s disgusting. I need written confirmation, am I still working for you or am I not, because of this?”
Alton did not reveal his past health history to Royal Caribbean when he applied for the job.
He explained: “The reason I didn’t is because I was scared of them discriminating against me and, in a way, they’ve proved my reason for not disclosing it.”
Royal Caribbean has not responded to TradeWinds’ requests for comment.
According to tribunal documents, the cruiseship company believes the claim is out of time and questions whether Alton had a disability under the Equality Act at the time.
The shipowner also does not believe Alton’s friend had a vendetta against him.
A tribunal submission said Royal Caribbean “relies on the importance of it being fully aware of and prepared for any medical issues that its employees may have whilst working in an often isolated environment without immediate access to mainland hospital or other medical care.”
The company maintains that it was unable to properly assess Alton’s medical fitness due to his failure to disclose important medical information during his pre-employment medical examination process.
The documents show Royal Caribbean is also “not satisfied that it could trust the claimant to be fully open with it regarding his health going forward”.
