HM Coastguards at the Maritime and Coastguard Agency will keep their worker status after an appeal by their employers failed on 14 January.
The Court of Appeal agreed with an earlier ruling by an employment appeal tribunal, which found that HM Coastguard officers, who were represented by trade union GMB, are workers. It stated that a contract existed between the parties in circumstances where workers had the right to be remunerated for their work.
GMB first announced that it would take the Maritime and Coastguard Agency to court to ensure the workers received employment status in 2022. The union stated that HM Coast Guards are on call and available to work both day and night, and receive payslips, P60s and P45s as an employee would, but were not entitled to full employment rights or the right to union representation.
In May 2024, GMB won a workers’ rights case against the agency. The hearing was regarding coastguard officer, Martin Groom, whose membership was terminated in a meeting where a trade union official was not allowed to be present. Groom claimed this was in breach of the Employment Relations Act 1999, but to rely on the act, he had to prove he was a worker and not a volunteer.
A Maritime and Coastguard Agency spokesperson said: “Volunteers in HM Coastguard play a vital role in the UK’s national emergency response. We deeply value and recognise the significant service they provide along our coastline, ensuring the safety of the public across the entire UK. We are currently reviewing the implications of this judgment for both our volunteers and the organisation as a whole.”
Tushar Singh, national legal officer at GMB, added: “GMB welcomes the fact the Court of Appeal has affirmed the employment appeal tribunal’s findings that our members in HM Coastguard have workers status. The outcome of the case is hugely significant, with potential implications for the voluntary sector as a whole.”
