Part 6Interpretation

I195Meaning of “work”

1

In this Act “work” means work of any kind and, in particular, includes—

a

paid and unpaid work,

b

work under a contract (for example: under a contract of service or apprenticeship or under a contract for services),

c

carrying out the functions of any office established by virtue of an enactment,

d

being a foster carer, and

e

caring for, or supervising, individuals participating in any organised activity,

and references to a “worker” and to “working” are to be construed accordingly.

2

Despite the generality of subsection (1), “work” does not include work falling within subsection (3) or (4).

3

Work falls within this subsection if it is done for an individual (“A”)—

a

in the course of a family relationship, and

b

for the benefit of A or a member of A's family.

4

Work falls within this subsection if it is done for an individual (“B”)—

a

in the course of a personal relationship,

b

for no commercial consideration, and

c

for the benefit of B, a member of B's family or B's friend.

5

A family relationship includes a relationship between two individuals who—

a

live in the same household, and

b

treat each other as though they were members of the same family.

6

A personal relationship is a relationship between or among friends.

7

Any friend of a member of an individual's family is to be regarded as being the individual's friend.

8

Benefit” does not include commercial benefit.

9

Ministers may prescribe circumstances in which work either is or is not to be treated for the purposes of this Act as being done in the course of a family or personal relationship.