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Football Referee Body Wins Tax Case - What Can You Learn from It?

on Friday, 28 September 2018.

A judgment about the tax status of football referees highlights some interesting considerations for employers.

Are Lower Level Referees Employees?

The case concerned an appeal against HMRC's determination that lower level referees were employees of the Professional Game Match Official Limited (PGMOL), the body which engaged them to perform refereeing services.

It is accepted by PGMOL that 'Select Group' referees (referees that usually work at the Premier League and international games), are employees of the Professional Game Match Official Limited (PGMOL). However, this case related to lower level referees who are usually engaged in refereeing work on a more casual basis - generally, in addition to other employment.

In this case, PGMOL argued against HMRC's determination that lower level referees were PGMOL employees.

The tribunal agreed that the referees were not employees for two main reasons:

  • Lack of Mutuality of Obligation
    There was no obligation on PGMOL to offer work to the referees and in turn no obligation on the referees to accept work that had been offered to them. Lower level references were not obliged to follow PGMOL's training programme. Further, they could withdraw from scheduled matches without penalty.
  • Lack of Control
    PGMOL has some control over the referees, in that to gain work the referees have to register with PGMOL and become bound by certain rules and regulations. The referees are also subject to fitness tests and disciplinary procedures. However, they have full autonomy over their decisions during matches and are answerable for regulatory breaches to the Football Association, not PGMOL.

Best Practice

Status is key to determining what rights and protections an individual has, and whether the individual or the engaging entity is responsible for tax. Employees are afforded the most rights and protection, and self-employed contractors the least. Getting status wrong can lead to significant and unexpected liability for employers (including, but not limited to, employer National Insurance contributions, holiday pay, national minimum wage, and potential liability for employment claims - such as unfair dismissal).

This case, as with all decisions regarding employment status, is very fact specific. However, it highlights the importance of considering status at the outset of an engagement and the limitations of some of the tests established in case law. For example, how could the referees realistically evidence they were "in business on their own account", given the structured nature of match fees and the fact they took on very little financial risk in the circumstances?

As ever, it is important to ensure the relationship is documented and that the document reflects the reality of the relationship. Employment tribunals and HMRC alike will look at how the relationship works in practice when considering status.  


For further information on employment status issues, please contact Charlotte Rose in our Employment Law team, on 0117 314 5219.