F1Part IVA Protected disclosures
43K Extension of meaning of “worker” etc. for Part IVA.
1
For the purposes of this Part “ worker ” includes an individual who is not a worker as defined by section 230(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 the third person or by both of them,
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 section 230(3)(b) if for “personally” in that provision there were substituted “(whether personally or otherwise)”,
C1C2F3 ba
works or worked as a person performing services under a contract entered into by him with F14NHS EnglandF8under F19section 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 F18section 41(2)(b), 42, 50, 57, 64 or 92 of, or Schedule 7 to, the National Health Service (Wales) Act 2006,
C3F5 bb
works or worked as a person performing services under a contract entered into by him with a Health Board under section 17J F21or 17Q of the National Health Service (Scotland) Act 1978,
F16cb
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
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 paragraph (a) of subsection (1), the person who substantially determines or determined the terms on which he is or was engaged,
F4aa
F6ab
in relation to a worker falling within paragraph (bb) of that subsection, the Health Board referred to in that paragraph,
b
in relation to a worker falling within paragraph (c) of that subsection, F13NHS England or the board referred to in that paragraph, and
c
in relation to a worker falling within paragraph F12(cb) or (d) of that subsection, the person providing the work experience or training.
3
In this section “ educational establishment ” includes any university, college, school or other educational establishment.
F204
The Secretary of State may by order make amendments to this section as to what individuals count as “ workers ” for the purposes of this Part (despite not being within the definition in section 230(3)).
F20 5
An order under subsection (4) may not make an amendment that has the effect of removing a category of individual unless the Secretary of State is satisfied that there are no longer any individuals in that category.
Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2