Anne is a barrister who sits as a judge of the Upper Tribunal (Tax and Chancery Chamber) and the First-tier Tax Tribunal. The commentary in this guidance note is her personal view as she is not authorised to write on behalf of the Tribunals Service or the judiciary.

This note explains how to work out whether a person is employed or self-employed. It considers the NIC deeming rules, the contractual relationship between the parties, HMRC’s Check Employment Status for Tax (‘CEST’) online tool and the HMRC status determinations, together with how these can be challenged. The reasons why status is important are explained in the Employment status ― why it matters guidance note.

Further changes are likely, as the government moves forward with the proposals in its ‘Plan to make work pay’ (published on The Labour Party site ― https://labour.org.uk). However, in May 2025, the Government said that developing and consulting on a new employment status framework was a ‘longer-term goal’ because:

“It will take time to adequately develop and consult on such a far-reaching change