5.—(1) [F1This regulation applies where]—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the central management is not situated in a [F3Relevant State] and the representative agent of the central management (to be designated if necessary) is situated in the United Kingdom; or
(c)neither the central management nor the representative agent (whether or not as a result of being designated) is situated in a [F3Relevant State] and—
(i)in the case of a Community-scale undertaking, there are employed in an establishment, which is situated in the United Kingdom, more employees than are employed in any other establishment which is situated in a [F3Relevant State], or
(ii)in the case of a Community-scale group of undertakings, there are employed in a group undertaking, which is situated in the United Kingdom, more employees than are employed in any other group undertaking which is situated in a [F3Relevant State],
F4....
(2) Where [F5this regulation applies], the central management shall be treated, for the purposes of these Regulations, as being situated in the United Kingdom and—
(a)the representative agent referred to in paragraph (1)(b); or
(b)the management of the establishment referred to in paragraph (1)(c)(i) or of the group undertaking, referred to in paragraph (1)(c)(ii),
shall be treated, respectively, as being the central management.
Textual Amendments
F1Words in reg. 5(1) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 2 para. 6(a)(i) (with Sch. 2 paras. 33-41); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 5(1)(a) omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 2 para. 6(a)(ii) (with Sch. 2 paras. 33-41); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Regulations substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 2 para. 2(a) (with Sch. 2 paras. 33-41); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 5(1) omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 2 para. 6(a)(iii) (with Sch. 2 paras. 33-41); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 5(2) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 2 para. 6(b) (with Sch. 2 paras. 33-41); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information