Race Relations Act 1976 (Repealed)

8 Meaning of employment at establishment in Great Britain. E+W+S

(1) For the purposes of this Part (“the relevant purposes"), employment is to be regarded as being at an establishment in Great Britain [F1 if the employee—

(a) does his work wholly or partly in Great Britain; or

(b) does his work wholly outside Great Britain and subsection (1A) applies]

[F2 (1A) This subsection applies if, in a case involving discrimination on grounds of race or ethnic or national origins, or harassment—

(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.]

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) 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) to (3) shall have effect as if in both subsection (1) and subsection (3) the last reference to Great Britain included any area for the time being designated under section 1(7) of the M1 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 is 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 has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

F1 Words in s. 8(1) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 11(1)

F2 S. 8(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 11(2)

F3 S. 8(2) omitted (16.12.1999) by virtue of S.I. 1999/3163, reg. 3

Modifications etc. (not altering text)

C1 S. 8(1)–(3) extended by S.I. 1987/929, art. 2

C2 S. 8(5) extended by Employment (Continental Shelf) Act 1978 (c. 46), s. 1(2)

Marginal Citations

M1 1964 c. 29.