Section 43K(1)

For the purposes of this Part “ worker ” includes an individual who is not a worker as defined by section 230(3) but who— works or worked for a person in circumstances in which— he is or was introduced or supplied to do that work by a third person, and the terms on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked, by the third person or by both of them, contracts or contracted with a person, for the purposes of that person’s business, for the execution of work to be done in a place not under the control or management of that person and would fall within section 230(3)(b) if for “personally” in that provision there were substituted “(whether personally or otherwise)”, works or worked as a person performing services under a contract entered into by him with NHS England under section 83(2), 84, 92, 100, 107, 115(4), 117 or 134 of, or Schedule 12 to, the National Health Service Act 2006 or with a Local Health Board under section 41(2)(b), 42, 50, 57, 64 or 92 of, or Schedule 7 to, the National Health Service (Wales) Act 2006, works or worked as a person performing services under a contract entered into by him with a Health Board under section 17J or 17Q of the National Health Service (Scotland) Act 1978, works or worked as a person providing services in accordance with arrangements made— by NHS England under section 126 of the National Health Service Act 2006, orLocal Health Board under section 71 or 80 of the National Health Service (Wales) Act 2006, or by a Health Board under section 2C, 17AA, 17C, . . . 25, 26 or 27 of the National Health Service (Scotland) Act 1978, or is or was provided with work experience provided pursuant to a course of education or training approved by, or under arrangements with, the Nursing and Midwifery Council in accordance with article 15(6)(a) of the Nursing and Midwifery Order 2001 (S.I. 2002/253), or is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than— and any reference to a worker’s contract, to employment or to a worker being “ employed ” shall be construed accordingly. under a contract of employment, or by an educational establishment on a course run by that establishment;

← 43K · All articles · 2 →

Source: legislation.gov.uk · retrieved 2026-09-04