A UK employment tribunal has dismissed another case involving alleged seafarer discrimination due to a jurisdiction loophole.
British cruiseship entertainer and former X Factor TV talent show contestant James Alton claimed Royal Caribbean Group denied him a dream job after it found out about his mental health problems.
Alton took the US shipowner to an employment tribunal in November on the grounds of discrimination, seeking £32,000 ($43,100) for lost earnings, injury to feelings and aggravated damage.
But, as he had feared, the case was dismissed for the same reason as a sex discrimination claim last year involving a female cadet and ship manager Wallem.
‘Powerless’
The Alton tribunal found it had no territorial jurisdiction because the UK Equality Act does not apply to foreign-flag ships operating overseas.
Royal Caribbean is registered in Liberia, the 3,111-berth Explorer of the Seas (built 2000) that Alton was to join is flagged in the Bahamas and the job was outside the UK.
The British resident told the tribunal he was recruited by UK agency Kings Recruit, but this was ultimately irrelevant to the jurisdiction questions.
The tribunal did not examine issues of discrimination as a result.
Alton told TradeWinds he would appeal against the decision.
Employment tribunal judge Sarah Sage said: “The Secretary of State has decided to exclude those working on ships under certain criteria and as a tribunal we cannot go behind that or construe it in a way that goes against the natural and ordinary meaning of the statute.
“I conclude I have no jurisdiction with some regret, but I am powerless to conclude otherwise.”
Last year, even though a UK employment tribunal agreed that former Wallem cadet Sophia Walker had suffered sexual discrimination when she was refused a job on a cargoship, it was powerless to impose a fine.
Talent competitions
Walker lost a subsequent appeal and is now campaigning to change the law, as well as enjoying a successful maritime career on board ships.
Alton told TradeWinds in September that his saga began in December 2018 when he flew to Australia to join the Explorer of the Seas in New Caledonia.
He was due to work as an entertainer hosting talent competitions.
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.
But he claimed that when the company found out about his mental health history, the offer was withdrawn.
Royal Caribbean has not commented. But according to tribunal documents, the company believes the claim was out of time and questions whether Alton had a disability under the Equality Act at the time.
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 maintained that it was unable to assess Alton’s medical fitness properly due to his failure to disclose important information during his pre-employment medical examination process.
The documents show Royal Caribbean was also “not satisfied that it could trust the claimant to be fully open with it regarding his health going forward”.
