Section 285

The following provisions of this Act do not apply to employment where under his contract of employment an employee ordinarily 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), sections 145A to 151 (inducements and detriment), and sections 168 to 173 (time off for trade union duties and activities; In Part IV, sections 193 to 194 (duty to notify Secretary of State of certain redundancies). 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 ordinarily works outside Great Britain. For the purposes of subsection (1) as it relates to sections 193 to 194, employment on board a ship registered in the United Kingdom or a GB-linked ship shall be treated as employment where under his contract a person ordinarily works in Great Britain. For the other 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— the ship is registered at a port outside Great Britain, or the employment is wholly outside Great Britain, or the employee or, as the case may be, the 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. In this section, “GB-linked ship” means a ship providing a service— for the carriage of persons or goods, with or without vehicles, and that is within subsection (4) or (5). A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom. A service is within this subsection if— ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day when the redundancy proposal in question is settled by the employer, or if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided. But a service is not within subsection (5) if the service— is for the purpose of leisure or recreation, or is provided by a fishing vessel. In this section— “harbour” has the same meaning as in the Harbours Act 1964; “ship” has the same meaning as in section 193A (see subsection (4) of that section).

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Source: legislation.gov.uk · retrieved 2026-09-04