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False self-employment covers situations where a worker is treated as self-employed when the reality of their work arrangement resembles employment. It includes misclassification for means of pay, benefits, and protections normally available to employees. A solicitor in this area investigates status, gathers evidence of control, substitution, and integration, and may advise on pursuing a claim to recover rights and correct tax and National Insurance positions.
The core issue is whether the worker has employment rights such as holiday pay, minimum wage, and protection from unfair dismissal. A solicitor helps by collecting contracts, payment records, and correspondence, challenging the status with HM Revenue & Customs and HMRC, and, if appropriate, raising a claim in the Employment Tribunal or Court to achieve a declaration of status or damages.
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