Meaning of “employee”
17.—(1) [F1Subject to paragraph (1A),] in a case where, and in so far as, a woman F2... is treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978(1) she shall be treated as an employee for the purposes of Part V of the 1986 Act and in a case where, and in so far as, such a woman is treated otherwise than as an employed earner by virtue of those regulations, she shall not be treated as an employee for the purposes of Part V.
[F3(1A) Any woman under the age of 16 who would have been treated as an employed earner or, as the case may be, would have been treated otherwise than as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978 had she been aged 16 or over, shall be treated as if she is aged 16 or over for the purposes of paragraph (1).]
(2) Any woman who is in employed earner's employment within the meaning of the 1975 Act under a contract of apprenticeship shall be treated as an employee for the purposes of Part V.
(3) A woman who is in employed earner's employment within the meaning of the 1975 Act but whose employer—
(a)does not fulfil the conditions prescribed in regulation 119(1)(b) of the Social Security (Contributions) Regulations 1979(2) as to residence or presence in Great Britain, or
(b)is a woman who, by reason of any international treaty to which the United Kingdom is a party or of any international convention binding the United Kingdom—
(i)is exempt from the provisions of the 1975 Act, or
(ii)is a woman against whom the provisions of that Act are not enforceable,
shall not be treated as an employee for the purposes of Part V of the 1986 Act.
Textual Amendments
F1Words in reg. 17(1) inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 53(2)(a)
F2Words in reg. 17(1) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 53(2)(b)
F3Reg. 17(1A) inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 53(3)
, amended by S.I. 1980/1713 and 1984/350.
, to which there are amendments not relevant to these regulations.