In Simply Learning Tutor Agency & Others v BEIS [2020] EWHC 2461, the High Court found that online tutor introduction agencies are employment agencies although they only supply self-employed tutors.

The judge found that:

Comment

As the judge noted, "The outcome of these proceedings will have substantial business implications, regulatory and financial, for each of the claimants who may have to make substantial amendments to the way that they operate to ensure that they comply with the law..."

Although this is a non-tax case, this ruling means that these agencies and ones which operate similar business models are likely to fall within the Employment Intermediaries rules for tax.

Under the Employment Intermediaries Agency rules:

Unfortunately for the agencies, the PAYE rules and exceptions are complex and it is likely that the outcome of this case will have far-reaching consequences.

Useful guides

Agency Workers: Employment intermediaries rules
Agency workers are subject to PAYE and NICs on their earnings and employment intermediaries (agencies) have specific reporting requirements. The rules are further complicated by a number of exemptions and the requirement to assess each worker.

Employment Status & detailed checklist
An employer (including an Employment Agency) must assess any worker's employment status so that they can fulfill their obligations under employment and tax law. Start here to understand the complex rules, most of which have been established by past case law.

Self-employment: Starting work
If you are finding work what is the difference between being employed or self-employed? You apply for a job and the engager tells you that you are going to be self-employed.

External link

Simply Learning Tutor Agency & Others v BEIS [2020] EWHC 2461