Employment Rights Act 1996

196 Employment outside Great Britain. E+W+S

(1) Sections 1 to 7 and sections 86 to 91 do not apply in relation to employment during any period when the employee is engaged in work wholly or mainly outside Great Britain 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 the law of Scotland.

(2) The provisions to which this subsection applies do not apply to employment where under the employee’s contract of employment he ordinarily works outside Great Britain.

(3) Subsection (2) applies to—

(a) in Part I, sections 8 to 10,

(b) Parts II, III and V,

(c) Part VI, apart from sections 58 to 60,

(d) Parts VII and VIII,

(e) in Part IX, sections 92 and 93, and

(f) (subject to subsection (4)) Part X.

(4) Part X applies to employment where under her contract of employment the employee ordinarily works outside Great Britain if—

(a) section 84 applies to her dismissal, or

(b) she is treated as dismissed by section 96.

(5) For the purposes of subsections (2) and (4), a person employed to work on board a ship registered in the United Kingdom shall be regarded as a person who under his contract ordinarily works in Great Britain unless—

(a) the ship is registered at a port outside Great Britain,

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

(c) the person is not ordinarily resident in Great Britain.

(6) An employee—

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

(b) is not entitled to a redundancy payment if under his contract of employment he ordinarily works outside Great Britain unless on the relevant date he is in Great Britain in accordance with instructions given to him by his employer.

(7) Part XII does not apply to employment where, under the employee’s contract of employment, he ordinarily works outside the territory of the member States of the European Communities and of Norway and Iceland.