4. Section 6 amended (Meaning of employee)
(1) After section 6(1)(c), insert: (d) excludes a specified contractor.
(2) After section 6(6), insert:
(7) In this section, specified contractor means a person (person A) who has entered into an arrangement with another person (person B) under which person A either performs work for person B or performs work for a third party that is facilitated by person B, and—
(a) that arrangement includes a written agreement that specifies that person A—
(i) is an independent contractor; or
(ii) is not an employee; and
(b) person A is not restricted from performing work for any other person, except while performing work for person B or facilitated by person B; and
(c) either—
(i) person A is not required to perform, or be available to perform, work for person B or facilitated by person B at a specified time or on a specified day or for a minimum period; or
(ii) person A is allowed to subcontract the work for person B or facilitated by person B to another person (person C) and person B— (A) does not require person C to undergo vetting before being subcontracted by person A; or (B) requires person C to undergo vetting before being subcontracted by person A, but only to ensure compliance with any relevant statutory requirements, or, if justified by the nature of the work, to check for a relevant qualification or criminal record, or both, as the case may be; and
(d) the arrangement may not be terminated for the reason that person A declines any work offered to them by person B, whether for or facilitated by person B, that is additional to the work that person A agreed to perform under the arrangement; and
(e) person A had a reasonable opportunity to seek independent advice before entering into the arrangement.
(8) Person A is not restricted from performing work for any other person under subsection (7)(b) if the hours of work for person B or facilitated by person B are such that they have the effect of restricting person A’s ability to perform work for any other person.
