Jurisdiction(s):
United Kingdom

Key definition

Workers definition

What does Workers mean? In practice, workers are individuals who personally perform work or services for another and are not genuinely in business on their own account; the term covers employees and non‑employees such as agency, casual and platform workers. In Great Britain, “worker” is a statutory category of employment status (ERA 1996 s.230(3); Working Time Regulations 1998) comprising employees and “limb (b)” workers. Case law (Autoclenz; Uber v Aslam) looks to the reality of the relationship and personal service, excluding those serving clients or customers of their own business. Worker status usually brings core protections (National Minimum Wage, paid holiday, whistleblowing, unlawful deduction of wages,...

Part-time and fixed-term workers' pensions: key UK and EU discrimination cases, comparators, objective justification, calculation (including pre-2000 service) and limitation issues for pension lawyers

Published by a LexisNexis Pensions expert

Practice notes

Practice Note

This Practice Note includes references to case law from the Court of Justice of the European Union (CJEU). For guidance on whether EU judgments are binding on UK courts, consult Practice Note: Assimilated law — Assimilated case law. Please note that, while UK measures implementing directives form part of domestic law, the directives themselves are not. For further detail, see Practice Note: Assimilated law. A significant proportion of the leading authorities on Discrimination and part-time Workers centred on Sex discrimination, reflecting that most part-time roles were held by women. Accordingly, claims could be framed as indirect sex discrimination even in the absence of specific protection for part-time workers. These cases are considered in the Practice Note: Sex discrimination for pension lawyers. This Practice Note examines the principal decisions in which the courts have dealt with claims relating to:

comparative issues between part-time and full-time workers, regardless of the gender of the workers concerned...

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Elizabeth Ovey

Radcliffe Chambers

Elizabeth has a general Chancery practice with particular emphasis on pensions (developing from the trust side of her practice) and on retail financial services (developing from an early specialisation in building society law). She also does a considerable amount of professional negligence work in these areas and other areas in which a Chancery background is of assistance.Her first substantial involvement in pensions law came when she was instructed in relation to a small miners’ pension scheme during the days of the miners’ strikes in the 1980s and she has done an increasing amount of pensions work since those days. She is a contributing editor of Halsbury’s Laws vol. 80 (Personal and Occupational Pensions) (2020). She is now on the Lexis PSL pensions section editorial board and is a contributor to Lexis PSL through a series of practice notes on various aspects of...

Web page updated on 21/05/2026

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