Member

60: Schedule 2, page 187, line 24, at end insert— “14A “(1) Section 206 (institution or continuance of tribunal proceedings) is amended as follows.(2) In subsection (2), after paragraph (a) insert—“(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),”.(3) After subsection (9) insert—“(10) In the application of this section and section 207 in relation to Chapter 2, 3 or 4 of Part 2A, or Chapter 6 of Part 2A so far as relating to Chapter 2 of that Part, references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part.(11) In the application of this section and section 207 in relation to Chapter 3 or 4 of Part 2A, references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part.(12) In the application of this section and section 207 in relation to Chapter 5 of Part 2A (including Schedule A1), or Chapter 6 of Part 2A so far as relating to Part 1 of Schedule A1—(a) references to an employer are to be read as if they were references to— (i) a hirer, or(ii) a work-finding agency, and(b) references to an employee are to be read as if they were references to an agency worker,within the meaning of Chapter 5 of Part 2A (including Schedule A1).(13) In the application of this section and section 207 in relation to section 47H—(a) references to an employer are to be read as if they were references to an employer within the meaning of that section;(b) references to an employee are to be read as if they were references to a worker within the meaning of that section.(14) In the application of this section and section 207 in relation to section 47I—(a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section;(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A.””Member’s explanatory statement This amendment amends section 206 of the Employment Rights Act 1996 so that that section, and section 207, apply with appropriate glosses in relation to proposed Chapters 2 to 6 of Part 2A, and proposed sections 47H and 47I, of that Act.