Equality Act 2010

Chapter 4 Supplementary

81 Ships and hovercraft

(1) This Part applies in relation to—

(a) work on ships,

(b) work on hovercraft, and

(c) seafarers,

only in such circumstances as are prescribed.

(2) For the purposes of this section, it does not matter whether employment arises or work is carried out within or outside the United Kingdom.

(3) “Ship” has the same meaning as in the Merchant Shipping Act 1995.

(4) “Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(5) “Seafarer” means a person employed or engaged in any capacity on board a ship or hovercraft.

(6) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

82 Offshore work

(1) Her Majesty may by Order in Council provide that in the case of persons in offshore work—

(a) specified provisions of this Part apply (with or without modification);

(b) Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Part applies (with or without modification).

(2) The Order may—

(a) provide for these provisions, as applied by the Order, to apply to individuals (whether or not British citizens) and bodies corporate (whether or not incorporated under the law of a part of the United Kingdom), whether or not such application affects activities outside the United Kingdom;

(b) make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in respect of offences, causes of action or other matters arising in connection with offshore work;

(c) exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions mentioned in subsection (1) in connection with offshore work;

(d) provide that such proceedings must not be brought without such consent as may be required by the Order.

(3) “Offshore work” is work for the purposes of—

(a) activities in the territorial sea adjacent to the United Kingdom,

(b) activities such as are mentioned in subsection (2) of section 11 of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section, or

(c) activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies.

(4) Work includes employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.

(5) Northern Ireland legislation includes an enactment contained in, or in an instrument under, an Act that forms part of the law of Northern Ireland.

(6) In the application to Northern Ireland of subsection (2)(b), the reference to employment tribunals is to be read as a reference to industrial tribunals.

(7) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

83 Interpretation and exceptions

(1) This section applies for the purposes of this Part.

(2) “Employment” means—

(a) employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;

(b) Crown employment;

(c) employment as a relevant member of the House of Commons staff;

(d) employment as a relevant member of the House of Lords staff.

(3) This Part applies to service in the armed forces as it applies to employment by a private person; and for that purpose—

(a) references to terms of employment, or to a contract of employment, are to be read as including references to terms of service;

(b) references to associated employers are to be ignored.

(4) A reference to an employer or an employee, or to employing or being employed, is (subject to section 212(11)) to be read with subsections (2) and (3); and a reference to an employer also includes a reference to a person who has no employees but is seeking to employ one or more other persons.

(5) “Relevant member of the House of Commons staff” has the meaning given in section 195 of the Employment Rights Act 1996; and such a member of staff is an employee of—

(a) the person who is the employer of that member under subsection (6) of that section, or

(b) if subsection (7) of that section applies in the case of that member, the person who is the employer of that member under that subsection.

(6) “Relevant member of the House of Lords staff” has the meaning given in section 194 of that Act (which provides that such a member of staff is an employee of the Corporate Officer of the House of Lords).

(7) In the case of a person in Crown employment, or in employment as a relevant member of the House of Commons staff, a reference to the person’s dismissal is a reference to the termination of the person’s employment.

(8) A reference to a personal or public office, or to an appointment to a personal or public office, is to be construed in accordance with section 52.

(9) “Crown employment” has the meaning given in section 191 of the Employment Rights Act 1996.

(10) Schedule 8 (reasonable adjustments) has effect.

(11) Schedule 9 (exceptions) has effect.