3(1)Paragraph 1 does not apply where the worker—
(a)is employed by an undertaking which has a headcount of staff of less than 10;
(b)is employed by the Crown;
(c)is a relevant member of the House of Lords staff, within the meaning of section 194 of the Employment Rights Act 1996;
(d)is a relevant member of the House of Commons staff, within the meaning of section 195 of the Employment Rights Act 1996;
(e)is employed under a contract of employment with the National Assembly for Wales Commission;
(f)is employed under a contract of employment with the Scottish Parliamentary Corporate Body;
(g)is employed under a contract of employment with the Northern Ireland Assembly Commission;
(h)is employed under a contract of employment in police service (within the meaning of section 200(2) of the Employment Rights Act 1996);
(i)is of a description specified in regulations made by the relevant national authority.
(2)Sub-paragraph (1)(h) does not apply in relation to Northern Ireland.
(3)In sub-paragraph (1)(i) the “relevant national authority” means—
(a)in relation to England and Wales and Scotland, the Secretary of State;
(b)in relation to Northern Ireland, the Department for the Economy in Northern Ireland.