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Section 296 Meaning of worker and related expressions.

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Act worker means an individual who works, or normally works or seeks to work—

(a)

under a contract of employment, or

(b)

under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his, or

(c)

in employment under or for the purposes of a government department (otherwise than as a member of the naval, military or air forces of the Crown) in so far as such employment does not fall within paragraph (a) or (b) above.

(2)

In this Act employer, in relation to a worker, means a person for whom one or more workers work, or have worked or normally work or seek to work.

F1(3)

This section has effect subject to F2sections 68(4), F3... 145F(3) F4, 151(1B) and 236A(8).

Annotations

Textual amendments

F1

S. 296(3) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.88; S.I. 1993/1908, art. 2(1), Sch. 1

F2

Words in s. 296(3) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 21; S.I. 2004/2566, art. 3(b) (with arts. 4-8)

F3

Word in s. 296(3) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 63(1)(b), 159(2)(c) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 5)

F4

Words in s. 296(3) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 76(3), 159(3); S.I. 2026/3, reg. 3(7)