Weight for it! More on employment status
There has been a recent appeal in the Upper Tribunal from Weight Watchers (UK) Limited regarding the employment status of their Weight Watchers leaders that run their classes.
Weight Watchers said for tax purposes they were self employed and not an employee. The Tribunal disagreed and found they were employees. The Upper Tribunal looked at the degree of control Weight Watchers had over the leaders. The crux was that the Tribunal looked at the reality of the situation not just the documentation that Weight Watchers had in place.
What does this mean?
People who Weight Watchers thought were self employed are actually their employees. This means that Weight Watchers now face a huge tax bill. This is a clear warning that the Tribunal will ignore any documentation if this doesn’t accurately reflect the true position.
From a benefits perspective it also means that as employees Weight Watchers may face claims for backdated benefits such as pension that other employees are entitled to.
What should employers do?
You should make sure you regularly review your documentation to ensure that this reflects what’s happening in practice. You may also want to ensure they you provisions in place so you can recover tax and national insurance contributions from your employees.
As always if you have individuals working for you that you have deemed self-employed you may need t get some advice from your usual employment and legal advisers.
Steve Clark