(2) For Other Rights, National Minimum wage, ‘Whistle Blowing’, Working TimeRegs
ERA 1996, s.230:
‘(3) In this Act “worker”(except in the phrases “shop worker” and “betting worker”) means 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, … 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’
Note the rider. Appears slightly narrower than EA 2010 (although see Windle).
Explained….
Cotswold v Williams [2006] IRLR 181 (EAT), [53] (Langstaff J):
‘…it seems plain that a focus upon whether the purported worker actively markets his services as an independent person to the world in general (a person who will thus have a client or customer) on the one hand, or whether he is recruited by the principal to work for that principal as an integral part of the principal’s operations, will in most cases demonstrate on which side of the line a given person falls.’
LECTURE 3
CONTRACT OF EMPLOYMENT – EXPRESS TERMS (1)
Pitt, (9th edn)Ch 4, ch 4.007 – 4.013, plus 5.004-5.011
Pitt Ch 4
Written statement of terms – Section 1 ERA 1996 It must contain:
Name of worker and employer Date of commencement
pay and pay scales Hours of work
If holidays entitlement, details. sick pay details: [or other doc] pension details [or other doc] length of notice
Job title
Discipline and grievance. Either details or ref to separate source eg booklet.
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