(1)In this Act—
contract of employment means a contract of service or of apprenticeship,
employee means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and
employer, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed.
(2)Subsection (1) has effect subject to section 235 and other provisions conferring a wider meaning on contract of employment or related expressions.
(1)In this Act worker means an individual who works, or normally works or seeks to work—
(a)under a contract of employment, or
(b)under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his, or
(c)in employment under or for the purposes of a government department (otherwise than as a member of the naval, military or air forces of the Crown) in so far as such employment does not fall within paragraph (a) or (b) above.
(2)In this Act employer, in relation to a worker, means a person for whom one or more workers work, or have worked or normally work or seek to work.
F1[(3)This section has effect subject to [F2sections 68(4), [F3116B(10), ] 145F(3) and 151(1B)].]
Textual Amendments
F1S. 296(3) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.88; S.I. 1993/1908, art. 2(1), Sch. 1
F2Words in s. 296(3) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 21; S.I. 2004/2566, art. 3(b) (with arts. 4-8)
F3Word in s. 296(3) inserted (1.3.2017 for specified purposes) by Trade Union Act 2016 (c. 15), ss. 15(2), 25(1); S.I. 2017/139, reg. 2(l)
For the purposes of this Act any two employers shall be treated as associated if—
(a)one is a company of which the other (directly or indirectly) has control, or
(b)both are companies of which a third person (directly or indirectly) has control;
and associated employer shall be construed accordingly.
For the purposes of this Act, the number of persons voting in a ballot includes those who return ballot papers that are spoiled or otherwise invalid.]
Textual Amendments
F4S. 297A inserted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 17; S.I. 2017/139, reg. 2(n)(ii)
In this Act, unless the context otherwise requires—
act and action each includes omission, and references to doing an act or taking action shall be construed accordingly;
[F5“agency worker” has the meaning given in regulation 3 of the Agency Workers Regulations 2010;]
[F6“certificate of independence” means a certificate issued under—
section 6(6), or
section 101A(4);]
contravention includes a failure to comply, and cognate expressions shall be construed accordingly;
dismiss, dismissal and effective date of termination, in relation to an employee, shall be construed in accordance with [F7Part X of the Employment Rights Act 1996];
[F8“legal professional privilege”, as respects Scotland, means confidentiality of communications;]
F9. . .
tort, as respects Scotland, means delict, and cognate expressions shall be construed accordingly.
Textual Amendments
F5Words in s. 298 inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 5
F6S. 298: definition inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(4), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
F7Words in s. 298 substituted (22.8.1996) by 1996 c. 17, ss. 240, 243, Sch. 1 para. 56(19) (with ss. 191-195, 202)
F8Words in s. 298 inserted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 18; S.I. 2017/139, reg. 2(n)(ii)
F9S. 298: Definition of post repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2
In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—
| ACAS | section 247(1) |
| act and action | section 298 |
| advertisement (in sections 137 to 143) | section 143(1) |
| [F10affected employees (in Part IV, Chapter II)] | [F10section 196(3)] |
| [F11“affected transferring individual” (in sections 198A and 198B)] | [F11section 198A(7)] |
| [F12agency worker] | [F12section 298] |
| [F13agent (of trade union)] | [F13section 119] |
| appropriately qualified actuary (in sections 38 to 41) | section 42 |
| associated employer | section 297 |
| branch or section (of trade union) | section 119 |
| [F14certificate of independence | section 298.] |
| collective agreement and collective bargaining | section 178(1) |
| F15. . . | F15. . . |
| contract of employment | |
| —generally | section 295(1) |
| —in sections 226 to 234 | section 235 |
| —in relation to Crown employment | section 273(4)(a) |
| —in relation to House of Lords or House of Commons staff | sections 277(4) and 278(4)(a) |
| contravention | section 298 |
| [F16contributor (in relation to the political fund of a trade union)] | [F16section 84(5)] |
| the court (in Part I) | section 121 |
| date of the ballot (in Part V) | section 246 |
| dismiss and dismissal | |
| —generally | section 298 |
| —in relation to Crown employment | section 273(4)(c) |
| —in relation to House of Commons staff | section 278(4)(b) |
| [F13the duty of confidentiality] [F17 , in the context of a scrutineer or independent person ] | [F13section 24A(3)] |
| effective date of termination | section 298 |
| employee | |
| —generally | section 295(1) |
| —in relation to Crown employment | section 273(4)(a) |
| —in relation to House of Commons staff | section 278(4)(a) |
| —excludes police service | section 280 |
| [F18employee representatives (in Part IV, Chapter II)] | [F18section 196(1).] |
| employer | |
| —in relation to an employee | section 295(1) |
| —in relation to a worker | section 296(2) |
| —in relation to health service practitioners | section 279 |
| employment and employment agency (in sections 137 to 143) | section 143(1) |
| executive (of trade union) | section 119 |
| [F13financial affairs (of trade union)] | [F13section 119] |
| financial year (in Part VI) | section 272 |
| general secretary | section 119 |
| independent trade union (and related expressions) | section 5 |
| [F16legal professional privilege (as respects Scotland)] | [F16section 298] |
| list | |
| —of trade unions | section 2 |
| —of employers’ associations | section 123 |
| Northern Ireland union (in Part I) | section 120 |
| not protected (in sections 222 to 226) | section 219(4) |
| officer | |
| —of trade union | section 119 |
| —of employers’ association | section 136 |
| official (of trade union) | section 119 |
| offshore employment | section 287 |
| F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
| political fund | section 82(1)(a) |
| political resolution | section 82(1)(a) |
| F20. . . | F20. . . |
| prescribed | section 293(1) |
| president | section 119 |
| [F21“pre-transfer consultation” (in sections 198A and 198B)] | [F21section 198A(7)] |
| recognised, recognition and related expressions | section 178(3) |
| [F22“relevant transfer” (in sections 198A and 198B)] | [F22section 198A(7)] |
| F15. . . | |
| F15. . . | F15. . . |
| F15. . . | F15. . . |
| [F23representatives of a trade union (in Part IV, Chapter II)] | [F23section 196(2)] |
| rules (of trade union) | section 119 |
| strike (in Part V) | section 246 |
| tort (as respects Scotland) | section 298 |
| trade dispute | |
| —in Part IV | section 218 |
| —in Part V | section 244 |
| trade union | section 1 |
| [F24“transferee” and “transferor” (in sections 198A and 198B)] | [F24section 198A(7)] |
| [F24“transferring individual” (in sections 198A and 198B)] | [F24section 198A(7)] |
| undertaking (of employer) | |
| —in relation to Crown employment | section 273(4)(e) and (f) |
| —in relation to House of Commons staff | section 278(4)(c) and (d) |
| [F16voting] | [F16section 297A] |
| worker | |
| —generally | section 296(1) |
| —includes health service practitioners | section 279 |
| —excludes police service | section 280 |
| working hours (in Part V) | section 246 |
Textual Amendments
F10Entry in s. 299 relating to affecting employees inserted (28.7.1999) by S.I. 1999/1925, reg. 7
F11Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(a)
F12Words in s. 299 inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 6
F13Entries in s. 299 inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 89; S.I. 1993/1908, art. 2(1), Sch. 1
F14S. 299: entry inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(5), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
F15Entries in s. 299 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/1908, art. 2(1), Sch. 1
F16Words in s. 299 inserted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 19; S.I. 2017/139, reg. 2(n)(ii)
F17Words in s. 299 inserted (30.1.2014 for specified purposes, 6.4.2015 in so far as not already in force and with application in accordance with art. 3 of the commencing S.I.) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 41(5), 45(3)(c); S.I. 2015/717, art. 3(1)(b)
F18Entry in s. 299 inserted (26.10.1995) by S.I. 1995/2587, reg. 7(2)
F19S. 299: entry repealed (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1)(2), 59(2)-(4), Sch. 1 para. 22, Sch. 2; S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
F20Entry in s. 299 relating to post repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2
F21Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(b)
F22Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(c)
F23Entry in s. 299 substituted (26.10.1995) by S.I. 1995/2587, reg. 7(3)
F24Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(d)