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IN THIS ISSUE

Welcome - what's 400 lawyers in a room?
ISF Annual survey of seafarers' wages and employment costs 2006
Jobs
AON Send out alert on marine manpower
Heidi's return
Case law: defending equal - pay claims
Beware: you are entering a new age of redundancy
Earn £400

WELCOME - WHAT'S 400 LAWYERS IN A ROOM?

A great marketing opportunity that's what. Okay, it's not exactly 400 lawyers, but certainly a whole load of people interested in the law. Every year, the London Shipping Law Centre takes over Lloyd's of London to host the Cadwallader Memorial Lecture. Many many people in fashionable dark suits hailing from the haute couture environments of law, insurance, shipowning and marine services gather together to listen to an unfailingly impressive panel of speakers debate the issues of the day. We doubt there is a bigger or more prestigious gathering of marine legal folk in the calendar.

Spinnaker and the LSLC are the best of friends and in the spirit of scratching each other's broad backs, this brief attempt at grabbing your attention is a plea for would-be sponsors to get their cheque books out and get their names in lights among the grey and the good.

Lately, we've heard a lot about the evil that is aircraft CO2 emissions and only yesterday we read that a Boeing 747 emits 540 grams of CO2 per ton-kilometre compared with 15 grams for a cargo vessel over 8000 dwt. Yet, in the publicity game, aviation always comes out better than shipping following a disaster. This year's Cadwallader lecture is tackling the issue of air and sea, a new direction for the Cad. The title may be lengthy but the subject is indeed pretty catchy and hopefully we bearded ones that ply our trade upon choppy waters can learn a thing or two: "The Ship and the Plane, are they the same? Corporate Social Responsibility: Shipping and Aviation Compared."

Stepen van Dyck, Chairman of Intertanko will be in the chair, corralling a line-up of distinguished and doubtless very clever wordsmiths who are giving up their valuable time to stimulate the equally bright audience. Stephen will oversee a discussion of the regulatory regimes, public and environmental accountability, limits of liability, image and trust, the role of insurers and what the two industries can teach each other.

And as if that isn't enough, the after-show canapes are always very good!

The Cad takes place on Thursday 16th November. 1745 to 2030 followed by a reception. Sponsorship packages are available to suit all budgets. To find out more about sponsorship or indeed to book your comfy seat contact Gerard Matthews or Dr. Aleka Mandaraka-Sheppard at the London Shipping Law Centre on 020 7679 1512 or by email to shipping@ucl.ac.uk.

ISF ANNUAL SURVEY OF SEAFARERS' WAGES AND EMPLOYMENT COSTS 2006

We attended the annual International Shipping Federation Manning and Training Conference a couple of weeks ago, one of our regular haunts and a chance to catch up with old friends and make some new ones. There is usually good attendance of 200-300 delegates and quite a wide variety of subject matter. We recall at last year's event, the ISF's indefatigable Chris Horrocks saying that the next big item in shipping would be safe manning levels. With all the increased regulations and paperwork, especially re safety and security, are there enough people on board ships to operate them safely? And so it was that this year the main theme of the day was fatigue and safe manning with the Marine Accident Investigation Branch's Stephen Meyer providing an informative backdrop to the real meaning and consequences of fatigue. The IMO sub-committee in charge of overseeing STCW have been asked to review the situation. Watch this space.

And if you want to know what an extra seafarer will cost you then you'll be pleased to know that this year's ISF annual seafarer wage survey is under way. The ISF survey is regarded as an authoritative and impartial statement of developments in international wage rates. Having been involved with the BIMCO / ISF manpower study ourselves, we know how important it is to get as much reliable data as possible and we urge all shipowners and managers to take part. It's not lengthy we promise and all companies that complete questionnaires will receive a copy of the results.

To obtain your copy of the questionnaire, contact Shantel Ryan at the ISF: shantel.ryan@marisec.org or by phone +44 (0)20 7417 8844. The deadline for completion of questionnaires is 31st December.

JOBS

This month the employment landscape includes offerings from, amongst others, Germany, Dubai, Switzerland, Greece, Hong Kong, Singapore and the UK. Be sure to check out the list of jobs at the bottom should you be looking to make a move. Further details about the positions can be seen at www.shippingjobs.com.

AON SEND OUT ALERT ON MARINE MANPOWER

The dwindling pool of skilled officers in the marine industry could result in increasing claims and higher premiums in the long term, according to the leading insurance broker Aon. Marine operators need to combat the skills shortfall through more effective recruitment and retention plans to ensure future officers are fully equipped to handle technological advances and new trading patterns, thus preventing claims as a result of human error.

While the shipping industry continues to boom and the number of vessels is increasing year on year, employee numbers are not keeping pace. Despite a surplus of ratings², there is an estimated shortage of around 10,000 officers or about 2% of the total workforce. With a predicted shortfall of some 27,000 officers, or just fewer than 6% of the total workforce, by the year 2015, the problem could escalate to the point where shipping companies will have to face real operational difficulties. Furthermore, while the global shipyard order book stands at 4,942 ships with a further 796 vessels³ under construction, it is clear the industry is facing a major challenge.

For the industry to address this issue successfully, it must combat the factors that are causing the skills shortage:

*an ageing officer population with 50% over 40 years old;
*the notion that seafaring is an unsafe line of work with the threat of piracy and officer kidnapping;
*the shift of labour from North America, Europe, Japan and other OECD countries to east Europe and Asia means that the lack of international experience and cultural/ language skills are posing serious barriers to mariners wanting to take on global officer roles;
*new legislation, such as the European Union's ship source pollution directive which criminalises negligence, is acting as a deterrent to those thinking of joining the industry and causing some to leave;
*as today's vessels become more complex and technically advanced, the skills and knowledge required to manage them need to grow accordingly.

To read about the solutions proposed by Aon for these problems Readers should access Semaphore, Aon Global Marine's magazine.

To obtain a copy send an e-mail to: globalmarine@aon.co.uk.

HEIDI'S RETURN

Heidi Heseltine, one of our talented principal consultants, has now returned from maternity leave. We understand Heidi has taken multi tasking to new heights and now regards 2 hours sleep as a 'jolly good rest'.

CASE LAW: DEFENDING EQUAL-PAY CLAIMS

Businesses taken to employment tribunal for paying men and women unequally will find it easier to justify the difference in pay following a recent Court of Appeal case - unless the reason for the difference amounts to sex discrimination.

Under the Equal Pay Act 1970, men and women are entitled to receive equal pay to that of a comparator of the opposite sex for like work. However, if an employer can show that the difference in pay is because of a "genuine material factor" that is not difference in sex, they are entitled to pay a man and a woman different rates.

Until recently, if the material factor relied upon amounted to sex discrimination, employers would also have to "objectively justify" the inequality in pay. This objective justification would require the employer to prove that the different in pay between a man and a woman was:
o because of a real need on the part of the employer
o appropriate to achieve the objective and
o necessary to achieve that objective

A decision of the Employment Appeal Tribunal;, reported here in December, cast doubt on this by holding that objective justification was required in all equal pay cases, regardless of whether they concerned sex discrimination, thereby making it more difficult for employers to raise a defence to equal-pay claims.

However, the Court of Appeal (in its decision in Armstrong v Newcastle Upon Tyne Hospital Trust (2005) EWCA Civ 1608) has re-established that there is no need for an employer to objectively justify a difference in pay unless the reason for the difference (ie the genuine material factor) amounts to sex discrimination.

Operative date: Immediate
More information: see the full transcript of the Armstrong judgment at www.bailii.org/ew/cases/EWCA/Civ/2005/1608.html.

BEWARE: YOU ARE ENTERING A NEW AGE OF REDUNDANCY

BP wants Lord Browne to retire in 2008, when he is 60. But from October, the Employment Equality (Age) Regulations make compulsory retirement under 65 illegal. Browne may be perfectly within his rights in three years to say he has changed his mind and won't be going after all. Employment lawyers say that forcing early retirement will constitute discrimination and will only be justifiable in exceptional cases. According to a new survey, just 13 per cent of HR managers in large UK firms are concerned with the impending rule change. But the legal profession warns the changes are likely to put a slow burn under the whole employment relationship, including pay and seniority as well as retirement.

The Observer

EARN £400

Below is a list of vacancies currently available. However, if you are not interested or not suitable for any of these positions but you know someone who might be interested, you can EARN YOURSELF A £400 referral fee by passing details of the vacancy onto them.

You simply need to go to http://www.shippingjobs.com/jobseekers/referral_scheme.asp and complete our simple form giving us details of the person you have referred the job to. Subject to the terms of the scheme, if that person gets the job, you get £400. Simple.

(Please note that those marked with an 'AD' reference are advertised directly by the client and are therefore not eligible for the scheme.)