Commentary

(1) Meaning of 'worker'

Division CI Working Time
| Commentary

(1) Meaning of 'worker'

| Commentary

D.     Who has the right

(1)     Meaning of 'worker'

The WTR apply to a 'worker' (WTR SI 1998/1833 reg 2). The definition of 'worker' is broader than an employee employed under a contract of employment, and extends to include anyone who has entered into, or works under, 'any other contract' whether express or implied and whether oral or in writing 'whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual' (essentially the same definition as is used in ERA 1996 s 230 and (for 'employee') in the EqA 2010 s 83(2)(a)). Whilst this definition would exclude the genuinely self-employed in business on their own account, providing their own tools or equipment and invoicing their customers or clients for their services, it is broad enough to apply to many types of relationship where the individual is not treated or regarded as an employee, particularly in the construction industry, but also extending to cover many agency workers and

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