Key points
- Professional Game Match Officials Ltd supplied referees for football matches – some were full-time others part-time.
- HMRC challenged the employment status of part-time referees saying they were employees.
- As a result of the Court of Appeal’s comments little emphasis can be accorded to the substance of the overarching contract for the purposes of assessing mutuality of obligation.
- The court said control was not dependent on whether the employer could step in during a match.
- As a result of the decision many engagements will need to be checked in relation to mutuality of obligation and control.
It is never easy it seems to be a football referee. For several years the body that provides referees for most professional tournaments has been facing a different kind of challenge from HMRC over the employment status of certain of its referees.
The unanimous judgment in the...