Employment Rights Act 1996

Changes over time for: Section 43K

Version Superseded: 25/04/2013

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[F1 43K Extension of meaning of “worker” etc. for Part IVA. E+W+S

(1) For the purposes of this Part “ worker ” includes an individual who is not a worker as defined by section 230(3) but who—

(a)works or worked for a person in circumstances in which—

(i)he is or was introduced or supplied to do that work by a third person, and

(ii)the terms on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked, by the third person or by both of them,

(b)contracts or contracted with a person, for the purposes of that person’s business, for the execution of work to be done in a place not under the control or management of that person and would fall within section 230(3)(b) if for “personally” in that provision there were substituted “(whether personally or otherwise)”,

[F2( ba )works or worked as a person performing services under a contract entered into by him with [F3the National Health Service Commissioning Board] [F4under section 84 or 100 of the National Health Service Act 2006 or with a Local Health Board under section 42 or 57 of the National Health Service (Wales) Act 2006] ,]

[F5( bb )works or worked as a person performing services under a contract entered into by him with a Health Board under section 17J of the National Health Service (Scotland) Act 1978,]

(c) works or worked as a person providing F6 . . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—

(i)by [F7[F8the National Health Service Commissioning Board] [F9under section 126 of the National Health Service Act 2006,] or][F10Local Health Board] under [F11section 71 or 80 of the National Health Service (Wales) Act 2006] , or

(ii) by a Health Board under section F12 . . . 25, 26 or 27 of the National Health Service (Scotland) Act 1978, or

(d)is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than—

(i)under a contract of employment, or

(ii)by an educational establishment on a course run by that establishment;

and any reference to a worker’s contract, to employment or to a worker being “ employed ” shall be construed accordingly.

(2) For the purposes of this Part “ employer ” includes—

(a)in relation to a worker falling within paragraph (a) of subsection (1), the person who substantially determines or determined the terms on which he is or was engaged,

[F13(aa)in relation to a worker falling within paragraph (ba) of that subsection, [F14the National Health Service Commissioning Board, or the] Local Health Board referred to in that paragraph,]

[F15(ab)in relation to a worker falling within paragraph (bb) of that subsection, the Health Board referred to in that paragraph,]

(b)in relation to a worker falling within paragraph (c) of that subsection, the authority or board referred to in that paragraph, and

(c)in relation to a worker falling within paragraph (d) of that subsection, the person providing the work experience or training.

(3) In this section “ educational establishment ” includes any university, college, school or other educational establishment. ]

Textual Amendments

F1Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2

F2S. 43K(1)(ba) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(4), Sch. 11 para. 65(2); S.I. 2004/288, art. 5(2)(x) (with transitional provision in art. 7(11)) (as amended by S.I. 2004/866, S.I. 2004/1009 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(bb) (as amended by S.I. 2004/1019 and S.I. 2006/345)