The Employment Rights (Northern Ireland) Order 1996

[F1 Extension of meaning of “worker” etc. for Part VA N.I.

67K.— (1) For the purposes of this Part “worker” includes an individual who is not a worker as defined by Article 3(3) but who—

(a) works or worked for a person in circumstances in which—

(i) he is or was introduced or supplied to do that work by a third person, and

(ii) 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 thethird person orby both ofthem,

(b) 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 Article 3(3)(b) if for “personally” in that provision there were substituted “ (whether personally or otherwise) ”,

[F2 (ba) works or worked as a person performing services under a contract entered into by him with a Health and Social Services Board under Article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972,]

(c) works or worked as a person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made by a Health and Social Services Board under Article 56, 61, 62 or 63 of the Health and Personal Social Services (Northern Ireland) Order 1972, or

(d) 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—

(i) under a contract of employment, or

(ii) by an educational establishment on a course run by that establishment;

and any reference to a worker's contract, to employment or to a worker being “employed” shall be construed accordingly.

(2) For the purposes of this Part “employer” includes—

(a) in relation to a worker falling within sub-paragraph (a) of paragraph (1), the person who substantially determines or determined the terms on which he is or was engaged,

[F2 (aa) in relation to a worker falling within sub-paragraph (ba) of that paragraph, the Board referred to in that sub-paragraph;]

(b) in relation to a worker falling within sub-paragraph (c) of that paragraph, the board referred to in that sub-paragraph, and

(c) in relation to a worker falling within sub-paragraph (d) of that paragraph, the person providing the work experience or training.

(3) In this Article “educational establishment” includes any university, college, school or other educational establishment.]

F1 1998 NI 17

F2 2004 NI 2