(1)The following provisions of this Act do not apply to employment where under his contract of employment an employee works, or in the case of a prospective employee would ordinarily work, outside Great Britain—
In Part III (rights in relation to trade union membership and activities)—
sections 137 to 143 (access to employment),
[F1sections 145A to 151 (inducements and detriment)], and
sections 168 to 173 (time off for trade union duties and activities;
In Part IV, [F2sections [F3193 to 194] (duty to notify Secretary of State of certain redundancies)].
[F4(1A)Sections 145A to 151 do not apply to employment where under his contract personally to do work or perform services a worker who is not an employee works outside Great Britain.]
[F5(1B)For the purposes of subsection (1) as it relates to sections 193 to 194, employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain.]
(2)For the [F6other purposes of subsection (1) and the purposes of subsection (1A)] employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain unless—
(a)the ship is registered at a port outside Great Britain, or
(b)the employment is wholly outside Great Britain, or
(c)the employee or, as the case may be, [F7the worker or] the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.
Textual Amendments
F1Words in s. 285(1) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 17(2); S.I. 2004/2566, art. 3(b) (with arts. 4-8)
F2Words in s. 285(1) substituted (25.10.1999) by 1999 c. 26, s. 32(1); S.I. 1999/2830, art. 2(1) Sch. 1 Pt. I (with Sch. 3 para. 7)
F3Words in s. 285(1) substituted (6.2.2018) by The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26), regs. 1(1), 3(3)(a) (with reg. 3(4))
F4S. 285(1A) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 17(3); S.I. 2004/2566, art. 3(b) (with arts. 4-8)
F5S. 285(1B) inserted (6.2.2018) by The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26), regs. 1(1), 3(3)(b) (with reg. 3(4))
F6Words in s. 285(2) substituted (6.2.2018) by The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26), regs. 1(1), 3(3)(c) (with reg. 3(4))
F7Words in s. 285(2)(c) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 17(4)(b); S.I. 2004/2566, art. 3(b) (with arts. 4-8)