Part XIV Interpretation

Chapter III Other interpretation provisions

230 Employees, workers etc.

1

In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

2

In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

3

In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

a

a contract of employment, or

C1b

any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

and any reference to a worker’s contract shall be construed accordingly.

4

In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

5

In this Act “employment”—

a

in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

b

in relation to a worker, means employment under his contract;

and “employed” shall be construed accordingly.

F16

This section has effect subject to sections 43K F2, 47B(3) and 49B(10); and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “ worker ”, “ worker’s contract ” and, in relation to a worker, “ employer ”, “ employment ” and “ employed ” have the extended meaning given by section 43K.

F37

This section has effect subject to section 75K(3) and (5).