OpenLegislation

Regulation 3 Treatment of persons in ... EEA States as employeesF3I1

England, Wales and Scotland

A person who is—

(a)

gainfully employed in an EEA State F1... in such circumstances that, if his employment were in Great Britain, he would be an employee for the purposes of Parts 12ZA and 12ZB of the Act, or a person treated as such an employee under regulation 32 of the General Regulations; and

(b)

subject to the legislation of the United Kingdom under Council Regulation (EEC) No. 1408/71f1 F2as amended from time to time or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems,

notwithstanding that he is not employed in Great Britain, shall be treated as an employee for the purposes of Parts 12ZA and 12ZB of the Act.

Annotations

Textual amendments

F1

Words in reg. 3(a) omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 11(b) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in reg. 3(b) inserted (5.3.2019) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(2), Sch. 1 para. 11(c) (with Sch. 1 para. 22)

F3

Word in reg. 3 heading omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 11(a) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 3 in force at 8.12.2002, see reg. 1(1)

Footnotes

f1

See OJ No. L 28, 30.1.1997, p. 1.