Suvarna Garge (Editor)

Jobholder

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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.

Contents

Meaning

Section 1 of the Act reads:

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.

    References

    Jobholder Wikipedia