10 Meaning of employment at establishment in Great Britain.E+W+S
[(1)For the purposes of this Part and section 1 of the Equal Pay Act 1970 (“the relevant purposes”), employment is to be regarded as being at an establishment in Great Britain if—
(a)the employee does his work wholly or partly in Great Britain, or
(b)the employee does his work wholly outside Great Britain and subsection (1A) applies.
(1A)This subsection applies if—
(a)the employer has a place of business at an establishment in Great Britain,
(b)the work is for the purposes of the business carried on at that establishment, and
(c)the employee is ordinarily resident in Great Britain—
(i)at the time when he applies for or is offered the employment, or
(ii)at any time during the course of the employment.]
[(2)The reference to “employment” in subsection (1) includes—
(a)employment on board a ship [, only if the ship is] registered at a port of registry in Great Britain, and
(b)employment on aircraft or hovercraft [, only if the aircraft or hovercraft is] registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain.]
(3)In the case of employment on board a ship registered at a port of registry in Great Britain (except where the employee does his work wholly outside Great Britain [and subsection (1A) does not apply]) the ship shall for the relevant purposes be deemed to be the establishment.
(4)Where work is not done at an establishment it shall be treated for the relevant purposes as done at the establishment from which it is done or (where it is not done from any establishment) at the establishment with which it has the closest connection.
(5)In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, Her Majesty may by Order in Council [ provide that subsections (1) and (3) shall have effect as if—
(a)the reference to Great Britain in each of paragraphs (a) and (b) of subsection (1), and
(b)each of the references to Great Britain in subsections (1A) to (3),
included] any area for the time being designated under section 1(7) of the Continental Shelf Act 1964, except an area or part of an area in which the law of Northern Ireland applies.
(6)An Order in Council under subsection (5) may provide that, in relation to employment to which the Order applies, this Part and section 1 of the Equal Pay Act 1970 are to have effect with such modifications as are specified in the Order.
(7)An Order in Council under subsection (5) shall be of no effect unless a draft of the Order was laid before and approved by each House of Parliament.
[(8)Subsections (1) to (4) or, where an Order in Council under subsection (5) is in force, those subsections as modified by the Order, apply for the purposes of determining whether contract work, within the meaning given by section 9, is at an establishment in Great Britain, but so apply with the following modifications—
(a)a reference to employment is to be read as a reference to work to which section 9 applies, and
(b)“employee” and “employer” shall be read (respectively) as “contract worker” and “principal”, with “contract worker” and “principal” having the meaning given by section 9.]
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations