PART IIIF3EMPLOYMENT FIELD
Discrimination by employers
Meaning of employment at establishment in Northern Ireland13
F11
For the purposes of this Part and section 1 of the Equal Pay Act (Northern Ireland) 1970 ( “the relevant purposes”), employment is to be regarded as being at an establishment in Northern Ireland if—
a
the employee does his work wholly or partly in Northern Ireland, or
b
the employee does his work wholly outside Northern Ireland and paragraph (1A) applies.
1A
This paragraph applies if—
a
the employer has a place of business at an establishment in Northern Ireland,
b
the work is for the purposes of the business carried on at that establishment, and
c
the employee is ordinarily resident in Northern Ireland—
i
at the time when he applies for or is offered the employment, or
ii
at any time during the course of the employment.
F22
The reference to “employment” in paragraph (1) includes—
a
employment on board a shipF1, only if the ship is registered at a port of registry in Northern Ireland; and
b
employment on aircraft or hovercraftF1, 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 Northern Ireland.
Para. (3) rep. by SR 2000/8
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.
F15
In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, the Office of the First Minster and deputy First Minister may by order provide that paragraph (1) shall have effect as if—
a
the reference to Northern Ireland in each of sub-paragraphs (a) and (b) of paragraph (1), and
b
each of the references to Northern Ireland in paragraphs (1A) and (2),
included any area for the time being designated under section 1(7) of the Continental Shelf Act 1964, in which the law of Northern Ireland applies.
6
An order under paragraph (5) may provide that, in relation to employment to which the order applies, this Part and section 1 of the Equal Pay Act are to have effect with such modifications as are specified in the order.
7
The Office of the First Minister and deputy First Minister shall not make an order under paragraph (5) unless a draft of the order has been approved by resolution of the Assembly.
8
Paragraphs (1) to (4) or, where an order under paragraph (5) is in operation, those paragraphs as modified by the order, apply for the purposes of determining whether contract work, within the meaning given by Article 12, is at an establishment in Northern Ireland, but so apply with the following modifications—
a
a reference to employment is to be read as a reference to work to which Article 12 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 Article 12.
SR 2005/426