Education and Skills Act 2008

62 Crown employment

(1) For the purposes of section 5—

(a) Crown employment, and

(b) service as a member of the armed forces of the Crown,

are each to be treated as working under a contract of employment.

(2) Regulations may provide for Chapter 1 to have effect subject to modifications in relation to persons working in either of those ways.

(3) Chapter 3 applies in relation to Crown employment and persons in Crown employment as it applies in relation to other employment and other employees, but subject to subsection (4).

(4) For the purposes of the application of Chapter 3 in relation to Crown employment and persons in Crown employment—

(a) references to a contract of employment are to be construed, in relation to a person in Crown employment, as references to the terms and conditions under which the person works, and

(b) references to an employee are to be construed as references to a person in Crown employment.

(5) In this section, “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by statutory provision, but subject to subsection (6).

(6) Crown employment—

(a) does not include service as a member of the armed forces of the Crown, but

(b) does include employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996 (c. 14).