C1Part 1Pension scheme membership for jobholders
Chapter 8Application and interpretation
Workers
88“Employer”, “worker” and related expressions
1
This section applies for the purposes of this Part.
2
“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
“Worker” means an individual who has entered into or works under—
a
a contract of employment, or
b
any other contract by which the individual undertakes to do work or perform services personally for another party to the contract.
4
But a contract is not within subsection (3)(b) if the status of the other party is by virtue of the contract that of a client or customer of a profession or business undertaking carried on by the individual concerned.
5
For the purposes of subsection (3)(b), it does not matter whether the contract is express or implied or (if it is express) whether it is oral or in writing.
6
Any reference to a worker's contract is to be read in accordance with subsections (3) to (5).
7
“Employer”, in relation to a worker, means the person by whom the worker is employed (subject to sections 37(5) and 38(6)).
8
“Employment” in relation to a worker, means employment under the worker's contract, and related expressions are to be read accordingly.
Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)