Equality Act 2010, section 83

Interpretation and exceptions

Part 5 Work

(1)This section applies for the purposes of this Part.

(2) “Employment” means—

(a)employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;

(b)Crown employment;

(c)employment as a relevant member of the House of Commons staff;

(d)employment as a relevant member of the House of Lords staff.

(3)This Part applies to service in the armed forces as it applies to employment by a private person; and for that purpose—

(a)references to terms of employment, or to a contract of employment, are to be read as including references to terms of service;

(b)references to associated employers are to be ignored.

(4)A reference to an employer or an employee, or to employing or being employed, is (subject to section 212(11)) to be read with subsections (2) and (3); and a reference to an employer also includes a reference to a person who has no employees but is seeking to employ one or more other persons.

(5) “Relevant member of the House of Commons staff” has the meaning given in section 195 of the Employment Rights Act 1996 ; and such a member of staff is an employee of—

(a)the person who is the employer of that member under subsection (6) of that section, or

(b)if subsection (7) of that section applies in the case of that member, the person who is the employer of that member under that subsection.

(6) “Relevant member of the House of Lords staff” has the meaning given in section 194 of that Act (which provides that such a member of staff is an employee of the Corporate Officer of the House of Lords) .

(7)In the case of a person in Crown employment, or in employment as a relevant member of the House of Commons staff, a reference to the person's dismissal is a reference to the termination of the person's employment.

(8)A reference to a personal or public office, or to an appointment to a personal or public office, is to be construed in accordance with section 52.

(9) “Crown employment” has the meaning given in section 191 of the Employment Rights Act 1996 .

(10)Schedule 8 (reasonable adjustments) has effect.

(11)Schedule 9 (exceptions) has effect.

Definitions used in section 83 3

employment

“employment” and related expressions are (subject to subsection (11)) to be read with section 83;

Defined in s.212(1) · see it in the full Act
armed forces

“armed forces” means any of the naval, military or air forces of the Crown;

Defined in s.212(1) · see it in the full Act
Member

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).

Defined in s.212(10) · see it in the full Act

Cases considering section 83 42

Pimlico Plumbers Ltd and another v Smith

[2018] UKSC 29 · 13 June 2018Interprets

The section’s employment definition was considered in light of EU concepts of direction and subordination and compared with the statutory worker definition (see paras [13]-[15]). The court proceeded, without reviewing the issue, on the basis that a contract personally to do work produced the same result as the limb (b) worker definition, including its client-or-customer limitation (see paras [13]-[15]).

Pimlico Plumbers Ltd & Anor v Smith

[2017] EWCA Civ 51 · 10 February 2017Interprets

The court treated section 83(2) as using more economical language whose criteria are materially the same for this issue. It applied the worker analysis to the statutory employment question. (see paras [48]; [123]) The court applied section 83(2)(a) to the disability-discrimination claim. A contract personally to do work falls within employment, subject to the client/customer exclusion recognised in the case law. (see paras [1]; [48]; [66]; [123])

Secretary of State for Justice v Windle & Arada

[2016] EWCA Civ 459 · 12 May 2016Interprets

The phrase “employment under … a contract personally to do work” covers an extended category beyond contracts of service, but excludes genuinely independent providers serving clients or customers on their own account. Status requires an assessment of the substance of the relationship and all the circumstances. (see paras [7]-[13]; [21]-[27]) The reference to an employee is read consistently with the statutory definition of employment in subsection (2). (see para [7])

22 more judgments, and what each says about section 83, are in the case-law panel in the full Act.

Explanatory note

289.This section explains the meaning of various terms used in Part 5 of the Act. In particular, it defines what is meant by “employment” and provides that people serving in the armed forces and people who work for the Crown and in the Houses of Commons and Lords are to be regarded as employed for the purposes of this Part of the Act.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I21S. 83 wholly in force; s. 83 not in force at Royal Assent see s. 216; s. 83(11) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 83 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(e) (with art. 15)