[2025] EWCA Civ 1466

Some, but not all, of the rights in the 1996 Act are conferred on workers as well as employees. Both concepts are defined in section 230. An employee works under a contract of employment. The term ‘worker’ is wider. It includes an employee and a person who agrees, under any other contract, “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” (section 230(3)). Section 230(6) was inserted by section 15 of the 1998 Act. It provides that “This section has effect subject to 43K and 47B(3) and 49B(10); and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract”, and in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K”. Section 43K gives the word ‘worker’ an extended meaning for the purposes of Part IVA of the 1996 Act. The word includes an individual who is not a worker but falls into one of the six categories listed in section 43K.