The Merchant Navy Code of Conduct
Disciplinary procedures onboard
Relevant documents and M-notices: The Merchant Navy Code of Conduct, MGN 477
The Merchant Navy Code of Conduct applies on UK flagged vessels. Rules drawn up by shipping companies and Masters’ Standing Orders should not conflict with the disciplinary rules in the Code. It is hugely important that you follow the code of conduct when taking disciplinary action.
The Merchant Shipping Act 1995, Regulation 60:
Regulations may provide for the hearing on shore in the United Kingdom, by a disciplinary body, of a complaint by the master or owner of a United Kingdom ship, other than a fishing vessel, against a seaman alleging that during his employment on board the ship the seaman contravened a provision of a code of conduct approved by the Secretary of State for the purposes of this section.
General, everyday conduct
The code lays out some expected standards in everyday conduct. These include:
Punctuality - This covers turning up to the vessel on joining day, returning from shore-leave, turning up for watches etc.
Normal duties - Seafarers have a right to be told clearly what their duties are and to whom they are responsible for carrying them out; if in doubt, they should ask. Seafarers must also obey reasonable commands and instructions. This phase is important; obviously, ‘reasonable’ is subjective.
Treatment of accommodation - This covers shared and personal facilities.
Behaviour towards others - This covers everything from excessive noise and offensive personal habits to abusive language, harassment and bullying.
Compliance with company rules and procedures - Any person employed onboard a ship must obey company-specific rules and procedures; these make up the Safety Management System as required under the ISM code. Remember that the master has an obligation to ensure compliance with the SMS.
When can the master and officers expect immediate, unquestioning obedience of orders?
In an emergency or other situation in which the safety of the ship or of any person on board or the marine environment is at stake.
Types of misconduct
The code splits misconduct into two broad categories.
Gross misconduct (aka Section 7 offences)
A few examples of gross misconduct:
Assault
Theft
Wilful damage to the ship or property
Persistent or wilful failure to perform duties
Sleeping on duty
Disobediance of a lawful order
Less serious misconduct (aka Section 8 offences)
A few examples of less serious misconduct:
Minor acts of megligence
Poor timekeeping, including stopping work early
Unsatisfactory work performance
Offensive or disorderly behaviour
Action to take on learning of an offence
Initial meeting
This is the first step. Tell the seafarer of the alleged breach. Give them an opportunity to explain and to admit it (or not).
If the seafarer admist to the breach and apologises, or provides an acceptable explanation, then it is at the discretion of the officer whether this is sufficient or whether an informal warning is required. Either way, at this point the matter is considered resolved.
Informal warning
This is a warning given by the officer to the seafarer following an initial meeting. There is no need to note this in the Official Log Book or to write it down. It may be company procedure to inform a HR manager or the master. Good practice is to email the master informing them of the informal warning; this keeps them in the loop and creates a record of the warning.
Formal action
If formal action is required, an officer or the master must investigate the allegation. This may mean checking CCTV, inspecting part of the vessel and speaking to witnesses. On completing the investigation they may decide that no further action is required, or that an informal warning will suffice.
Disciplinary hearing
If, however, they decide that formal disciplinary action (a disciplinary hearing) is required:
The seafarer must be informed, in writing, of:
The date, time and place of the hearing
The alleced breach of conduct
Potential penalties
Their rights:
To be accompanied by a colleague or a trade official union
To call relevant witnesses
To question witnesses
To make any statement they may wish
At the hearing the seafarer should be invited to say whether they admit the breach, and evidence should only be presented if they do not admit it.
If they do admit it, consideration should then be given to the penalty. If they do not admit it then the evidence should be heard.
At the end of the hearing it should be stated:
What the breach is
Whether it has been found to have occurred
The penalty
A record of the disiplinary hearing should be made in the narrative section of the Official Log Book.
The seafarer should be given:
A written copy of the outcome and the reasons for the decision
Notification of how long the warning remains current. This will be based on company guidelines but generally ranges from 3 months to a year (shortest for less serious warnings, longer for final warnings). A repeat of an offence in the current period of a previous offence can see the sanction be increased.
A copy of any Official Bog Book entries made
The seafarer, if they feel they have been treated unfairly, have the right to bring a claim to an employment tribunal.
Sanctions
Informal warning - The seafarer is warned not to repeat the offence, or to improve their conduct.
Formal warning - This is an official notice to the seafarer that their behaviour needs to improve.
Written warning - This is a written record of the specific issues, the expectations for improvement, and the potential consequences if the behavior continues. It is placed on the individual's official record and can be referred to in future disciplinary proceedings. It signals that further breaches could lead to more severe actions, including dismissal.
Final warning - This is the most serious disciplinary action short of dismissal from the ship. It is issued when there have been multiple previous warnings (written or formal), and the individual has failed to make necessary improvements.
Dismissal from the ship - Only the master can dismiss a seafarer from the ship. This does not terminate employment. A shore manager will arrange a shore hearing to discuss with the seafarer their future with the company.
Immediate suspension - This is when the master immediately suspends the seafarer from their duties in order to preserve the safety of the ship, environment, persons or cargo. It does not require previous sanctions. The master may require the seafarer to be disembarked and repatriated as soon as possible. Shipboard procedures, in this case, need not apply and disciplinary action will be initiated by a shore manager. An example of when immediate suspension would be appropriate would be if a seafarer were to be found setting fires in the accommodation.
Who can impose which penalties?
The penalties which may be imposed, and by whom, are as follows. Note that these are the ship-based sanctions.
Petty Officer (e.g. bosun)
Informal warning
Officer
Formal warning
Informal warning
Senior Officer (e.g. Chief Officer)
Final warning
Written warning
Formal warning
Informal warning
Master
Dismissal from ship
Final warning
Written warning
Formal warning
Informal warning
Shore disciplinary procedures
Note that none of the sanctions listed above terminate employment; the most severe sanction the master can administer is dismissal from the ship. Following a dismissal from the ship or an immediate suspension a shore manager will arrange a shore hearing with the seafarer.
Potential penalties resulting from a shore hearing are:
Dismissal from employment
Demotion and/or loss of seniority
Any of informal, formal, written or final warning
The seafarer has the right to appeal to other shore management.
Further liability to prosecution
Under Section 58 of the Merchant Shipping Act 1995 (Conduct endangering ships, structures or individuals.)
If the master or any seamen employed on a ship…does any act which causes or is likely to cause—
the loss or destruction of or serious damage to his ship or its machinery, navigational equipment or safety equipment, or
the loss or destruction of or serious damage to any other ship or any structure, or
the death of or serious injury to any person
or omits to do anything required—
to preserve his ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged, or
to preserve any person on board his ship from death or serious injury, or
to prevent his ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board his ship
If the act was deliberate, or amounted to a breach or neglect of duty, or if the person concerned was under the influence of drink or drugs at the time then they may be liable to prosecution.
Potential outcomes
A fine not exceeding the statutory maximum
Inprisonment not exceeding two years
Both
Other offences
If the master or employer become aware of suspected criminal activity on the part of a seafarer, nothing in the code interferes with their responsibility to inform the approproate authorities e.g. the police.
MCAQs
When can the master and officers expect immediate, unquestioning obedience of orders?
Give an example of a reasonable order an OOW might give to an AB on daywork.
Give an example of an unreasonable order an OOW might give to an AB on daywork.
You become aware that a seafarer has been viewing illegal material on their private laptop. What are your actions?
A deckhand was caught on CCTV starting a fight with another deckhand. What are your actions?