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Daily Mirror
Daily Mirror
Politics
Dan Bloom

Boris Johnson says P&O Ferries have 'broken the law' as shamed boss FINALLY apologises

Boris Johnson today declared it "looks to me" as though P&O Ferries have "broken the law" - moments after the firm's shamed boss FINALLY apologised to workers.

The Prime Minister for the first time directly accused the company of law-breaking over the "callous" decision to sack 800 loyal crew last week.

It comes hours after P&O claimed it had not broken a law that says it has to notify the government of redundancies.

The firm pointed to an amendment - passed in 2018 under Chris Grayling to encode a similar directive from the EU - which said ships only had to notify the government of the country where they are registered.

P&O's ships are registered in Bermuda, Cyprus and the Bahamas.

Furious Keir Starmer said the Prime Minister was "all mouth and no trousers" saying of workers: "Why does the Prime Minister think they will take a crumb of comfort from his half-arsed bluster and waffle today?"

But Boris Johnson claimed: "We condemn the callous behaviour of P&O.

"We will not sit by because under section 194 of the Trade Union and Labour Relations Act of 1992 it looks to me as though the company concerned has broken the law.

"And we will be taking action therefore and we’ll be encouraging workers to take action under the 1996 Employment Rights Act."

Boris Johnson also pledged to “address defects” that allow seafarers to be paid less than minimum wage - but Labour demanded the detail.

It came as P&O Ferries' chief executive finally apologised to workers for last week's sackings - but refused to reverse them.

Peter Hebblethwaite said: "I want to say sorry to the people affected and their families for the impact it's had on them, and also to the 2,200 people who still work for P&O and will have been asked a lot of difficult questions about this.

"Over the last week, I've been speaking face-to-face to seafarers and their partners. They've lost their jobs and there is anger and shock, and I completely understand.

"We needed fundamental change to make us viable. This was an incredibly difficult decision that we wrestled with but once we knew it was the only way to save the business, we had to act.

"All other routes led to the closure of P&O Ferries. I wish there was another way and I'm sorry."

P&O ferries chief executive Peter Hebblethwaite (P&O)
The Pride of Hull ferry (Getty Images)

In a furious PMQs clash today, Keir Starmer said Boris Johnson's threats to P&O were "all mouth and no trousers" after the PM failed to ban fire-and-rehire.

"While he sits on his hands, more and more workers are having their lives turned upside down by this appalling practice," Labour's leader fumed.

Sir Keir added: "800 loyal British workers fired over Zoom, instantly replaced by foreign agency workers shipped in on less than the minimum wage. If the Prime Minister can’t stop that, what’s the point of his government?"

Unions believe regardless of this issue, P&O still breached the law in another way - by not consulting the workers themselves.

Firms must by law consult with staff 30 or 45 days in advance if they plan to make more than 20 workers redundant at one site.

TUC General Secretary Frances O’Grady said: "For all their bluster and denial, all the signs point to P&O breaking the law.

“UK law requires companies to consult with workers and unions before making redundancies. In their letter to ministers last night, the company are clear that they did not do this.

“At every turn, P&O is outdoing itself with its shameful behaviour. It’s time for P&O to come clean – and to reinstate all sacked staff."

The 2018 Seafarers Regulations amended the 1992 Trade Union and Labour Relations (Consolidation) Act to insert a section on redundancies for workers at sea.

The section says: “The employer shall give the notification required… to the competent authority of the state where the vessel is registered (instead of to the Secretary of State).”

Kevin Barnett, head of employment at marine law specialists Lester Aldridge LLP, said that removed the legal need for P&O to notify the Insolvency Service about the sackings.

This is a key distinction, because the legal need to tell the Insolvency Service is one of the most stringent - carrying a criminal offence and unlimited fine.

Boris Johnson today triumphantly told Keir Starmer it was simply an EU law that had to be put into UK law.

P&O have now appeared to rely heavily on this law (PA)

It’s correct that the European Council directive, as amended in 2015, said: “Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies.”

And while the UK had already voted for Brexit, it was still a member of the EU until early 2020.

But lawyer Mr Barnett argued ministers still had a choice over exactly how to interpret that law in the UK. He told the Mirror: “It’s an EU directive, but the wording and how it’s written is down the the UK.”

Labour leader Keir Starmer asked the Prime Minister to guarantee that P&O Ferries and Dubai owners DP World will not get a "penny more of taxpayers' money" or a "single tax break" until they reinstate the workforce.

Sir Keir said: "Let's test his rhetoric. Since the Prime Minister came to office, P&O have received over £38 million of Government contracts and the parent company DP World is lined up for £50 million of taxpayers' money under the Free Ports Scheme.

"The Government is apparently reviewing these contracts, but reviews don't save jobs. Can the Prime Minister guarantee that these companies will not get a penny more of taxpayers' money or a single tax break until they reinstate the workforce?"

Boris Johnson replied: "I think what the House has already heard is that we are taking legal action against the company concerned under the 1992 Employment and Trade Union and Labour Relations Act. that is the right thing to do because it seems to me that they have broken the law.

"If he's asking this Government to do what Labour usually want us to do, and actively pitchfork away investment around the country from overseas business, then that is not what we will do. We will take them to court, we will defend the rights of British workers. What we will not do is launch a wholehearted campaign as they would want against overseas investments because that is completely wrong and wrong for those workers."

Sir Keir Starmer described Boris Johnson as "all mouth no trousers" in legislating to ban fire and rehire and went on to label the Prime Minister's approach "half-arsed".

Mr Johnson told the Commons: "The most notable practitioners of fire and rehire are, of course, the Labour Party themselves. But he may be interested to know we will be vindicating the rights of British workers, UK employees under UK law but the law that P&O, the company themselves, are allegedly relying on was introduced as a result of EU directives."

Sir Keir highlighted that Mr Johnson ordered Tory MPs to abstain on a Labour motion to ban fire and rehire, adding sacked P&O workers did not want new jobs but their old jobs back.

He said: "They don't want a Prime Minister hoisting the white flag, they want him to fight for their livelihoods - 82,000 seafarers in this country."

Sir Keir said workers he has spoken to are worried they could be next if P&O is allowed to "get away with it", adding: "Why does the Prime Minister think that they will take a crumb of comfort from his half-arsed bluster and waffle today?"

Mr Johnson said: "P&O plainly aren't going to get away with it any more than any other company that treat its employees in that scandalous way."

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