Original language | English |
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Title of host publication | Encyclopedia of Human Resource Management |
Editors | Stewart Johnstone, Jenny K. Rodriguez, Adrian Wilkinson |
Place of Publication | Cheltenham |
Pages | 415-416 |
Number of pages | 2 |
Edition | 2 |
ISBN (Electronic) | 9781800378841 |
DOIs | |
Publication status | Published - 23 Feb 2023 |
Abstract
Section 230(3) of the Employment Rights Act 1996 defines a worker as
“an individual who has entered into or works under (or, where the employment has ceased, worked under) (a) a contract of employment, or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.” (See also section 296(1) of the Trade Union and Labour Relations (Consolidation) Act 1992).
From this definition, it can be seen that a worker includes a person whose work arrangement constitutes a contract of employment, that is, an employee, as well as another category that is somewhat wider than this, but does not constitute self-employment. The latter category is sometimes referred to as a “limb (b) worker”.
“an individual who has entered into or works under (or, where the employment has ceased, worked under) (a) a contract of employment, or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.” (See also section 296(1) of the Trade Union and Labour Relations (Consolidation) Act 1992).
From this definition, it can be seen that a worker includes a person whose work arrangement constitutes a contract of employment, that is, an employee, as well as another category that is somewhat wider than this, but does not constitute self-employment. The latter category is sometimes referred to as a “limb (b) worker”.
Publication series
Name | Elgar Encyclopedias in Business and Management |
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Keywords
- worker
- human resources
- employment rights
- employee