A jobholder is a new type of employment status in UK labour law, that was introduced by the Pensions Act 2008, sections 1 and 88. Jobholders are entitled under the Act to be automatically enrolled in an occupational pension.
Meaning
Section 1 of the Act reads:
(1) For the purposes of this Part a jobholder is a worker—
- (a) who is working or ordinarily works in Great Britain under the worker's contract,
- (b) who is aged at least 16 and under 75, and
- (c) to whom qualifying earnings are payable by the employer in the relevant pay reference period (see sections 13 and 15).
In turn, section 88 defines a worker in the same way as the Employment Rights Act 1996 section 230, as someone either with a "contract of employment" (on which, see Autoclenz Ltd v Belcher) or someone who personally performs work but is not a client or a customer.
Consequence
The concept of jobholder was a fifth type of employment status in UK labour law. It joins,
- "employee" under ERA 1996 section 230, see Autoclenz Ltd v Belcher
- "worker" under ERA 1996 section 230
- "employment relationship" under EU law
- "worker" under EU law, see Pfeiffer v Deutsches Rotes Kreuz
In the ERA 1996 section 205A, the government also created a new "employee shareholder" status, although the takeup of this was so poor that it has no practical relevance.[1]
See also
Notes
- ↑ See J Prassl, 'Employee Shareholder ‘Status’: Dismantling the Contract of Employment' (2013) 42(4) ILJ 307