Fleet Maritime Services (Bermuda) Ltd, R (on the application of) v The Pensions Regulator (Rev 1)

Fleet Maritime Services (Bermuda) Ltd, R (on the application of) v The Pensions Regulator (Rev 1)

A seafarer is regarded as ordinarily working in Great Britain under section 1(1)(a) of the Pensions Act 2008 if their tours of duty habitually begin and end at a port in Great Britain, making that port their base, even if most work is performed outside Great Britain. Seafarers whose tours of duty do not habitually begin and end in Great Britain cannot be so regarded. The correct approach is to assess the actual operation of the contract, not just its terms.

Parties
Claimant: Fleet Maritime Services (Bermuda) Limited; Defendant: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review allowed in part; Regulator's decision quashed.
Legal Topics
Territorial Scope of Employment Legislation, Automatic Enrolment, Seafarers' Employment Rights, Interpretation of Pensions Act 2008
Employment Law Pensions Law Administrative Law Territorial Scope of Employment Legislation Automatic Enrolment Seafarers' Employment Rights Interpretation of Pensions Act 2008

Case Brief

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Parties

Fleet Maritime Services (Bermuda) Limited

Claimant

The Pensions Regulator

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether seafarers employed by the claimant fall within the territorial scope of the Pensions Act 2008 for automatic enrolment obligations
  2. 2 Interpretation of 'working or ordinarily works in Great Britain under the worker's contract' in section 1(1)(a) of the Pensions Act 2008

Ratio Decidendi

A seafarer is regarded as ordinarily working in Great Britain under section 1(1)(a) of the Pensions Act 2008 if their tours of duty habitually begin and end at a port in Great Britain, making that port their base, even if most work is performed outside Great Britain. Seafarers whose tours of duty do not habitually begin and end in Great Britain cannot be so regarded. The correct approach is to assess the actual operation of the contract, not just its terms.

Court Disposition

Claim for judicial review allowed in part; Regulator's decision quashed.

Orders

  • The Regulator's decision is quashed to the extent it incorrectly interpreted section 1(1)(a) regarding seafarers whose tours of duty do not habitually begin and end in Great Britain.
  • No order as to costs.