APPLICABLE LAWS

The employment law of the crewmember’s home country often applies. As well as that of the employment contract. And the vessel’s port of registry. And the local port law. So let’s just look at UK law, given the large numbers of British captains and crew and the ubiquity of the Red Ensign.

The Human Rights Act 1998 gives employees the right to respect for private and family life. This means that employees have the right to have consensual relationships with people they meet at work. An outright ban on would almost certainly constitute an unlawful interference with those rights, and would invite an unfair dismissal claim if enforced by dismissal alone. So regulating relationships is the only way forward.

If a romance turns sour, one party could allege harassment where unwanted conduct of a sexual nature that creates an intimidating, hostile, degrading, humiliating, or offensive environment. The Equality Act 2010 obliges employers to take 'reasonable steps' to prevent sexual harassment of employees in the course of their employment. And the normal burden of proof is reversed: if an allegation is made, then you must demonstrate that you, as employer, took those steps. Without a written policy and documented training, you’re already losing. And this is soon to change from ‘reasonable steps’ to ‘all reasonable steps’.

RELATIONSHIPS POLICY

Having a Relationships Policy in place, and expressly including it within the written employment agreement, is vital. It must be signed before the crewmember even comes on board. Without a policy in place, the employer’s expectations remain a known unknown. And the caselaw is clear: if a crewmember is dismissed in the context of a workplace romance, and there’s no policy, this is likely to have been an unfair dismissal.

The best policies are surprisingly short, and should encompass the following key elements:

Relationships are not prohibited

• Consensual sexual relationships between adult crewmembers are not forbidden.

• This encourages disclosure, keeping in mind that hidden relationships create greater risk than visible ones.

  
  

Relationships must be disclosed

• Non-disclosure will lead to formal disciplinary action.

• All disclosures are confidential.

  
  

No preferential treatment

• Preferential treatment of an inferior involved party is prohibited – whether the reporting lines are direct or indirect.

• This includes but is not limited to watchkeeping patterns, leave allocations, accommodation, promotions and rotations.

  
  

Professional conduct remains mandatory

• Crewmembers must continue to maintain professional standards regardless of the relationship.

• There can be no public arguments nor public displays of affection on board, or any distracting behaviour while performing duties.

Confidentiality obligations continue

• Relationships must never compromise owner or guest confidentiality, security procedures or commercial information.

Post-breakup procedures

• Involved crewmembers must accept the imposition of new or different watch patterns, duties, or accommodation arrangements, in order to eliminate post-breakup fallout.

Complaints procedure

• If an involved or uninvolved crewmember complains about any aspect of the relationship, you must investigate this immediately.

Disciplinary procedures

• The consequences flowing from a breach of the policy must be made clear.

Your Relationships Policy must run seamlessly alongside your existing Harassment Policy: crew must be in no doubt that unwanted advances will constitute harassment and are strictly forbidden. For yacht owners, the risk of a harassment claim are amplified because the workplace is also the employee's home. There is nowhere to escape.

And be consistent with the handling of all relationship matters. Any variation in management can undermine credibility and suggest bias to an employment tribunal.

CONCLUSION

Crew live in extraordinary proximity, in a high-pressure environment. Crew romance is inevitable. The answer is not prudishness. It is not a ban. Be prepared - legally and practically. Have a policy, enforce it, treat everyone fairly, and don’t let your yacht become a floating soap opera. Love may be blind, but the law certainly isn’t.