WINDSTAR MANAGEMENT SERVICES LTD V HARRIS

[2016] UKEAT 0001_16_1105, Employment Appeal Tribunal, Mrs Justice Elisabeth Laing DBE, 11 May 2016

Jurisdiction - Seafarers - Master mariner working on cruise ships predominantly outside UK territorial waters - Unfair dismissal - Territorial scope of the Employment Rights Act 1996, section 94(1)

The claimant was a master mariner who worked on cruise ships predominantly outside UK territorial waters. He travelled from his home to airports in UK and from there to the port where the vessel was located, returning to a UK airport upon finishing his tour of duty. His days of service were calculated as the interval from airport to airport. This was the appeal of a decision by the Employment Tribunal that it had jurisdiction to decide the claimant's claim for unfair dismissal.