Regulation 5 Differentiation in relation to pay
It is not a contravention of section 39(1)(b) or (2)(a) or 41(1)(a) of the Act, as applied by regulations 3 and 4, for an employer or principal to offer to pay or to pay a person (A) at a lower rate than that at which the employer or principal offers to pay or pays another person (B) because A is of a different nationality from B, if—
(a)
A—
(i)
applied for work as a seafarer, or
(ii)
was recruited as a seafarer,
outside Great Britain, and
(b)
A is not—
(i)
a British Citizen,
(ii)
a national of F1an EEA State, or
(iii)
a national of a designated state.
Annotations
Textual amendments
- F1
Word in reg. 5(b)(ii) substituted (31.12.2020) by The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 22(4); 2020 c. 1, Sch. 5 para. 1(1)