The Equal Opportunities (Employment Legislation) (Territorial Limits) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 2(2) of the European Communities Act 1972, implement (in Great Britain) Article 3(1)(g) of Directive 96/71/EC of the European Parliament and of the Council of 16th December 1996 concerning the posting of workers in the framework of the provision of services (OJ No. L018, 21. 1.97, p. 1-6).

Article 3(1)(g) of that Directive requires every Member State to ensure that employment legislation concerning equality of treatment between men and women and other provisions on non-discrimination are extended to “posted workers”, that is to say workers who, for a limited period, carry out their work in the territory of that State, having been posted there in certain circumstances by an undertaking established in another Member State.

The relevant equality of treatment and non-discrimination legislation applicable in Great Britain is contained in the provisions of section 1 of the Equal Pay Act 1970, Part II of the Sex Discrimination Act 1975, Part II of the Race Relations Act 1976 and Part II of the Disability Discrimination Act 1995 (“the relevant provisions”). Those provisions currently apply only in relation to the employment of a person at an establishment in Great Britain; and employment is regarded as being at such an establishment unless the employee concerned does his work “wholly or mainly outside Great Britain”. This is by virtue of the territorial limitations contained in section 10(1) of the Sex Discrimination Act 1975, section 8(1) of the Race Relations Act 1976 and section 68(2) of the Disability Discrimination Act 1995 (“the territorial limits”).

These Regulations extend the application of the relevant provisions to workers posted to Great Britain by removing the words “or mainly” from those territorial limits so that employment will henceforth be regarded for the purposes of each of the Acts concerned as being at an establishment in Great Britain provided that the employee does at least part of his work within that country. This will apply even where the work is done mainly elsewhere.

The territorial limit contained in section 10(1) of the Sex Discrimination Act 1975 has effect for the purposes of both Part II of that Act and section 1 of the Equal Pay Act 1970. Accordingly these Regulations do not provide for any separate amendment to the latter Act.

The Regulations also provide for some minor or consequential amendments, namely the substitution of section 10(2) of the Sex Discrimination Act 1975 and the repeal of section 8(2) of the Race Relations Act 1976 (which concern employment on a board a ship or on aircraft or hovercraft).