A female cadet who was told Wallem Ship Management did not employ "girls" is giving up her fight against a legal loophole that meant she lost her gender discrimination case.

Sophia Walker has been defeated by the potential cost of losing an appeal in the High Court in London.

But she asked the company to "do the right thing" by paying her what a tribunal would have awarded her if it had had jurisdiction in the case.

In January, the shipmanager escaped penalty after an employment appeal tribunal found that UK law does not protect seafarers from sex discrimination if they work overseas on foreign-flag vessels.

It ruled a 2018 tribunal was correct that it did not have the power to decide her claim against the Hong Kong-based company or its ex-employee Brian Phipps.

Walker had qualified as a cadet deck officer and applied in the UK for work on a foreign-registered ship.

She was told she would not be offered work because of her sex, the ruling said, as Wallem recruited only men to work on its managed vessels.

Wallem admitted that this was an act of direct sex discrimination.

Tribunal sympathetic

If the law had applied, the tribunal also found that Walker's claim for victimisation would have succeeded, although her claim for harassment would have failed.

And it would have awarded £9,000 ($11,800) compensation for injury to feelings.

It is a sobering thought that shipping companies are still allowed to reject female job applicants solely because of their gender.

Sophia Walker

But the tribunal dismissed the appeal "with regret" on the jurisdiction point arising from the 2011 Equality Act (Work on Ships and Hovercraft).

Walker told TradeWinds she was then given leave to appeal to the Court of Appeal.

"However, after deep deliberations, I decided my case could not proceed because of the uncertainty of prohibitive costs that could have accumulated," she said.

"I have had no legal representatives, until my case went into the employment appeal tribunal, and that representation was pro bono."

The pro bono lawyers would have taken on the appeal, but she needed costs indemnified should she lose.

Wallem employed a leading barrister to fight its case.

'Sobering thought'

"It is a sobering thought that shipping companies are still allowed to reject female job applicants solely because of their gender," Walker said.

A new chief executive, Frank Coles, was appointed at Wallem in 2018.

"Mr Coles has highlighted his commitment to promoting gender diversity and the ‘human element’ in shipping, so I was very hopeful that finally Wallem would do the right thing regarding my case," Walker added.

"However, under Mr Coles’ leadership Wallem have been more determined than ever to safeguard their right to discriminate on England and Wales' soil, and to block my attempts to get a just outcome to my case."

She called on Coles and Wallem to pledge to no longer exploit the loophole and to campaign for a change in the law.

Walker also urged the company to correct its "injustice" and pay her the £9,000 — without a non-disclosure gagging order.

Not Wallem values

Wallem told TradeWinds in a statement: "In 2017, Wallem Ship Management apologised for the actions of [Phipps and another former employee]. These were not then and are not now the Wallem values. This incident does not equate to the Wallem values on equality and diversity in employment.

"In the past, Miss Walker was offered a financial settlement. The offer was a standard settlement offer to include the usual confidentiality clause, to close the matter out. Miss Walker rejected the offer."

Walker said she had not previously made reference to the settlement offer for legal reasons. But she now felt she could reveal details because Wallem had mentioned it.

Walker said she was offered £15,000 in March 2019 and had accepted it because not to do so could have shown her in a bad light, as the tribunal "award" was lower than this.

But when she saw the confidentiality clauses in the settlement document, she felt these infringed her freedom of expression and rejected it.

Law

Seafarer calls on Wallem Ship Management to 'do the right thing' over discrimination case