why should shore workers have shift patterns included? 10. Offences and penalties Workers should Nautilus We agree with the No comment In general terms these appear Choice of enforcement have the right to acknowledges that proposals. consistent with the offences, provisions (criminal Please let us have your take a case to an penalties and Waterway workers remedies and penalties already offences/penalties or views on the proposed employment remedies are should not be described in the existing legislation remedies for workers) is in offences and remedies. tribunal. Time limits directed towards the treated differently and therefore we have no specific line with similar provisions should be extended employer and from other comment to make on this section. under the Working Time to allow for cases to should not be aimed workers. Regulations. be brought during at the master where employment or in they are not the one subsequent employer. season to prevent operators removing applicants from justice by the 10.1 10.2 and 10.3 no we passage of time. do not believe any of this to be true, the shore based staff are allowed (an indeed is common 10.1 Do you think we have NO; Employers No comment practice) to opt out of the the right balance between seem convinced directive through the offence and remedies that by choosing cont[r]acts which would what ever option eliminate the fines and from the offences and will benefit regulations, all other both the employees and parts and controls the operators. are removed and therefore they are absolved of any responsibility. In to many occasions the measurement of fatigue is passed to the individual or his superior on board rather than them having to adopt limits on working time. This is particularly apparent in cases of reliefs not being available due to unforeseen problems that can cover any number of scenario’s. 10.2 Do you think the NO; There is no No comment penalties are at an indication of any appropriate level? escalation for repeated offending by the employer. This is not in the best interests of change or best practice, fines (or more) should be increased with
why should shore workers have shift patterns included? 10. Offences and penalties Please let us have your views on the proposed offences and remedies. Workers should have the right to take a case to an employment tribunal. Time limits should be extended to allow for cases to be brought during employment or in one subsequent season to prevent operators removing applicants from justice by the passage of time. Nautilus acknowledges that penalties and remedies are directed towards the employer and should not be aimed at the master where they are not the employer. We agree with the proposals. Waterway workers should not be treated differently from other workers. No comment 10.1 10.2 and 10.3 no we do not believe any of this to be true, the shore based staff are allowed (an indeed is common practice) to opt out of the directive through the cont[r]acts which would eliminate the fines and offences and will benefit both the employees and the operators. In general terms these appear consistent with the offences, remedies and penalties already described in the existing legislation and therefore we have no specific comment to make on this section. Choice of enforcement provisions (criminal offences/penalties or remedies for workers) is in line with similar provisions under the Working Time Regulations. 10.1 Do you think we have the right balance between offence and remedies NO; Employers seem convinced that by choosing what ever option from the regulations, all other parts and controls are removed and therefore they are absolved of any responsibility. In to many occasions the measurement of fatigue is passed to the individual or his superior on board rather than them having to adopt limits on working time. This is particularly apparent in cases of reliefs not being available due to unforeseen problems that can cover any number of scenario’s. No comment 10.2 Do you think the penalties are at an appropriate level? NO; There is no indication of any escalation for repeated offending by the employer. This is not in the best interests of change or best practice, fines (or more) should be increased with No comment
Table_of_Consultation_responses_and_MCA_replies_-final_Nov_2017.docx