Consideration of Bill, as amended in the Public Bill Committee
New Clause 5
Extension of prohibition on employment to other working arrangements
“(1) The Immigration, Asylum and Nationality Act 2006 is amended as follows.
(2) In the italic heading before section 15, after “Employment” insert “and other working arrangements”.
(3) Before section 15, after the italic heading insert—
“14A Application of sections 15 to 24 to other working arrangements
(1) In sections 15 to 24, a reference to a person employing another person includes a reference to—
(a) a person (“person A”) engaging an individual (“individual A”) under a worker’s contract,
(b) a person (“person B”) engaging an individual sub-contractor (“individual B”), and
(c) an online matching service (“person C”) providing the details of an individual who is a service provider (“individual C”) to potential clients or customers.
(2) Accordingly—
(a) references in sections 15 to 24 to employment include engagement of the kind mentioned in paragraph (a) or (b) of subsection (1) or the provision of details as mentioned in paragraph (c) of that subsection;
(b) references in those sections to an employer include person A, person B or person C;
(c) references in those sections to an employee include individual A, individual B or individual C.
“worker’s contract” means a contract, other than a contract of service or apprenticeship, under which—
(a) individual A undertakes to do or perform personally work or services for person A or another person (whether or not that other person is specified in the contract), and
(b) person A is neither a client nor customer of any profession or business undertaking carried on by individual A;
“individual sub-contractor” means an individual (“individual B”) who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not;