Subject to exceptions covering the transport industry and offshore workers, the Sex Discrimination legislation applies only if the employment in point is at an establishment in Great Britain (see Sex Discrimination Act 1975 s.6(1) and Equal Pay Act 1970 s.1(1)).

As from 1st October 2005, in a splendid example of how Parliament can outdo even J.K. Rowling in making the impossible possible, employment will often be regarded for this purpose as being at an establishment in Great Britain even though the employee works wholly outside Great Britain. This will be so if:-

• the employer has a place of business at an establishment in Great Britain; and
  
• the work is for the purposes of the business carried on at that establishment; and
  
• the employee is ordinarily resident in GB either at the time when he applies for or is offered the employment or at any time during the course of the employment

(see SDA 1975, s.10(1) as substituted by Employment Equality (Sex Discrimination) Regulations 2005, SI 2005/2467 reg 11)

The same considerations apply in respect of Racial Discrimination (see Race Relations Act 1976 (Amendment) Regulations 2003, SI 2003/1626 reg 11 and notes at Racial discrimination/overseas employment and Age Discrimination (from 1st October 2006 - see see Age Regs 2006 reg 10 and notes at Age discrimination generally).

See also Sex discrimination/2005 and 2008 amendments and/or Sex discrimination/offshore workers .