Differentiation in relation to pay5
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