Employer

Key Points

  • ERA 1996 s.230(4) provides that for the purposes of that Act "'employer', in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed".
  • The definition in the 1998 Working Time Regulations is almost identical except that because the Working Time regulations apply to all "workers" rather than just "employees" it does not include the words "the employee or". The definition in the National Minimum Wage Act 1998 s.54(4) is identical to that in ERA 1996 s.230.
  • TULRCA 1992 definition is very similar, ie "the person by whom the employee is (or, where the employment has ceased, was) employed" (TULRCA 1992, s.295) or "a person for whom one or more workers work, or have worked or normally work or seek to work" (TULRCA 1992, s.296).
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