What happens if an employment tribunal finds that a subcontractor, who had been treated as self-employed, was in fact an employee?
• Employment tribunal decisions are not binding on HM Revenue & Customs, but they usually take into account similar factors. So the decision is likely to be the same when considering an employee for tax purposes. If a case were brought to the attention of HMRC, their policy on collecting unpaid tax and NICs in these circumstances would apply.
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