HM Coastguard retain worker status following Court of Appeal ruling

HM Coastguard officers will retain their worker status after the Court of Appeal dismissed an appeal by their employer on Wednesday.

The Court of Appeal upheld an earlier decision by the Employment Appeal Tribunal, confirming that HM Coastguard officers are workers and that a contractual relationship exists where officers have the right to be remunerated for their activities.

The case follows a 2024 ruling involving the Maritime and Coastguard Agency and HM Coastguard, in which the Employment Appeal Tribunal found that coastguard officers met the legal definition of workers rather than volunteers.

The proceedings related to a coastguard officer, Martin Groom, whose membership was terminated at a meeting where a trade union official was not permitted to attend.

Mr Groom argued that this breached the Employment Relations Act 1999.

In order to rely on the protections in that legislation, he was required to establish that he was a worker.

The Court of Appeal agreed with the earlier tribunal’s conclusion that a contract existed between the parties and that the officer’s role went beyond that of a volunteer.

Tushar Singh, GMB national legal officer, said: “GMB welcomes the fact the Court of Appeal has affirmed the Employment Appeal Tribunal’s findings that our members in HMN Coastguard have workers status.

“The outcome of the case is hugely significant, with potential implications for the voluntary sector as a whole.”