Employment Protection (Consolidation) Act 1978

141 Employment outside Great Britain.E+W+S

(1)Sections 1 to 4 and 49 to 51 do not apply in relation to employment during any period when the employee is engaged in work wholly or mainly outside Great Britain[F1 unless—

(a)the employee ordinarily works in Great Britain and the work outside Great Britain is for the same employer, or

(b)the law which governs his contract of employment is the law of England and Wales or of Scotland.]

(2)Sections 8 and 53 and Parts II, III, [F2and V] do not apply to employment where under his contract of employment the employee ordinarily works outside Great Britain.

[F3(2)(A)Part VII does not apply to employment where under his contract of employment the employee ordinarily works outside the territory of the Member States of the European Communities [F4and of Austria, Finland, Iceland, Norway and Sweden].]

(3)An employee shall not be entitled to a redundancy payment if on the relevant date he is outside Great Britain, unless under his contract of employment he ordinarily worked in Great Britain.

(4)An employee who under his contract of employment ordinarily works outside Great Britain shall not be entitled to a redundancy payment unless on the relevant date he is in Great Britain in accordance with instruction given to him by his employer.

(5)For the purpose of subsection (2), a person employed to work on board a ship registered in the United Kingdom (not being a ship registered at a port outside Great Britain) shall, unless—

(a)the employment is wholly outside Great Britain, or

(b)he is not ordinarily resident in Great Britain,

be regarded as a person who under his contract ordinarily works in Great Britain.

Textual Amendments

F1Words in s. 141(1) substituted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 22; S.I. 1993/2503, art. 2(2), Sch. 2.

F2Words “and V" substituted for words “V and VII" by S.I. 1983/624, regs. 2-4 where “the relevant date" (within the meaning of s. 122(2) of the Act) falls on or after 1.6.1983

F3S. 141(2)(A) inserted by S.I. 1983/624, regs. 2-4 where “the relevant date" (within the meaning of s. 122(2) of the Act) falls on or after 1.6.1983

F4Words in s. 141(2A) inserted (9.3.1995) by S.I. 1995/278, art. 3

Modifications etc. (not altering text)

C1S. 141(2) extended (E.W.) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 22; S.I. 1994/1841, art. 2

S. 141(2) extended (E.W.) (3.1.1995) by 1994 c. 40, ss. 31, 82(2), Sch. 8 para. 22

S. 141(2) extended (prosp.) by 1995 c. 26, ss. 46(4)(b), 180(1) (with s. 121(5))