The Race Relations Act 1976 (Amendment) Regulations 2003

Meaning of employment at establishment in Great Britain

11.—(1) In section 8 of the 1976 Act (meaning of employment at establishment in Great Britain), in subsection (1), for the words “unless the employee” to the end, substitute—

“if the employee—

(a) does his work wholly or partly in Great Britain; or

(b) does his work wholly outside Great Britain and subsection (1A) applies”.

(2) After subsection (1) insert—

“(1A) This subsection applies if, in a case involving discrimination on grounds of race or ethnic or national origins, or harassment—

(a) the employer has a place of business at an establishment in Great Britain;

(b) the work is for the purposes of the business carried on at that establishment; and

(c) the employee is ordinarily resident in Great Britain—

(i) at the time when he applies for or is offered the employment, or

(ii) at any time during the course of the employment.”.