Paragraph 3 I1

Section 12A (financial penalties) is amended as follows.

In subsection (11), in the definition of “employer”, after paragraph (a) insert—

1. (aa)

   “in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes a person who is an employer by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act;

2. (ab)

   in relation to a right conferred by Part 1 or 2 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, includes the hirer within the meaning of the relevant Part of that Schedule;

3. (ac)

   in relation to a right conferred by Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, includes (where it would not otherwise do so) the work-finding agency within the meaning of the relevant Part of that Schedule;

4. (ad)

   in relation to a right conferred by section 47I of the Employment Rights Act 1996, includes (where it would not otherwise do so) a person who is a relevant person within the meaning of that section;”.

In that subsection, in the definition of “worker”, for the words from “includes” to the end of the definition substitute

“—

1. (a)

   includes an individual seeking to be employed by a person as a worker;

2. (b)

   in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes an individual who is a worker by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act;

3. (c)

   in relation to a right conferred by—

   1. (i)

      Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996,

   2. (ii)

      Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, or

   includes (where it would not otherwise do so) an agency worker within the meaning of Part 2A of that Act (see section 27BV of that Act).”