F8Part IVA Protected disclosures
43K Extension of meaning of “worker” etc. for Part IVA.
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)”,
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works or worked as a person performing services under a contract entered into by him with a Primary Care Trust or Local Health Board under section 28K or 28Q of the National Health Service Act 1977,
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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 F3. . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—
i
ii
by a Health Board under section F5. . . 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,
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in relation to a worker falling within paragraph (ba) of that subsection, the Primary Care Trust or Local Health Board referred to in that paragraph,
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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.
Pt. 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