Skip to content
Sunday 23 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,816.56
+0.64%
DAX
26,136.56
+0.59%
CAC 40
8,484.43
+0.37%
STOXX 50
6,462.22
+0.63%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Tuesday 21 September 2021 8:00 am  |  Updated:  Saturday 30 October 2021 11:50 pm

Legal Q&A: How referees’ pay could be hit by a tax dispute with HMRC and why this could have wide-reaching effects on the gig economy

By: Kevin Barrow

Add as a preferred source on Google
Referees below the select group that covers most major games are the subject of the tax dispute with HMRC
Referees below the select group that covers most major games are the subject of the tax dispute with HMRC

Lawyer Kevin Barrow explores the implications of an ongoing case between referees and HMRC.

What’s this case about?

It’s about whether PGMOL (Professional Game Match Officials Limited) needs to deduct income tax and National Insurance Contributions (NICs) from payments it makes to referees whom it has engaged on a self-employed “gig worker” basis to officiate at professional football matches.

The case relates to referees below the “select group” who officiate most major games (who are in fact engaged as full employees by PGMOL) and turns on their tax (and employment) status. Is the way they work too occasional to count as employment, and are they controlled enough to be legally defined as employees?

What is the latest?

The Court of Appeal has made clear that occasional workers like these referees can be employees for tax purposes.

The court also said, in connection with the control aspect of the employment test, that it does not necessarily matter that no “employer” stands next to the referee and tells them how to do their work during a game;  the control test may be satisfied if there is a framework of control with coaching and strict codes of practice being provided to the referees and an assessment system.

What does it mean for referees and HMRC?

The case has been sent to a lower tribunal to consider whether, in the case of these particular referees, there was a sufficient framework of control for them to be deemed employees. If so, tax and NICs will have to be deducted from their pay.

Unless PGMOL decides to gross up their pay, this may leave the referees with significantly lower take-home pay (given in particular the impact of Employers’ NICs). That may lead some to try to bring employment law claims against PGMOL.

What else may it mean?

This decision will have implications for other types of “occasional” workers including those on gig platforms.

Many are paid without deduction of tax and NICs on the grounds that they are engaged on an occasional basis without anyone watching over their work. Increasingly, whether “control” exists through a “framework” of control may become the main factor in determining employment rights and tax status.

A relatively small case about referees may have huge implications for the gig economy, potentially reducing the take-home pay of many gig workers or putting up the costs of many gig platforms.

Kevin Barrow is a workforce solutions lawyer at Osborne Clarke.

Read more

Why HMRC is huge Premier League transfer window tax headache

Two jubilant soccer players in white England jerseys celebrate a goal on the field.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Sport
  • Sport Business

Related Topics

  • Football
  • Football finance
  • HM Revenue & Customs (HMRC)
  • Premier League football
  • Sport business
  • Tax
  • Women's football

Trending Articles

  • Ratcliffe’s Ineos saves Runcorn plant

  • Mike Ashley’s Frasers offers to pay personal shoppers in Harvey Nichols takeover

  • Can debt-ridden Morrisons become a Big Four supermarket again?

  • Amazon says it buys books in bulk to ‘improve products’

  • Burnham predicted to raise taxes for ‘fundamental’ cost of living support

More from Morning Wire

  • Why HMRC is huge Premier League transfer window tax headache

    Sport Business
    Two jubilant soccer players in white England jerseys celebrate a goal on the field.
  • Exclusive: Criticised World Cup referee was suffering extreme heat strain, data shows

    Sport Business
    Soccer referee in an orange FIFA uniform with a headset, raising his hand on the field during a match
  • Think your tax affairs are settled? Think again.

    Opinion
    HMRC
  • Five-star Mayfair hotel hit with HMRC winding-up petition

    Hospitality
    Exterior of The Stafford London hotel, a brick building with British and American flags, elegant windows, and ornate raili...
  • AIM-Listed Pulsar Group hit with High Court petition by HMRC

    Media
    HMRC overcharged pensioners thousands
  • Brompton Bicycle sues former adviser for ‘professional negligence’

    Lawsuit
    Six Brompton folding bicycles in various colors displayed in individual black cubbies.
  • Ask the expert: How do I avoid double tax on my pension?

    Personal Finance
    Marianna Hunt discussing financial strategies at a business conference, wearing a professional suit, engaging with the aud...
  • Ten bold ideas to fire up the British economy

    Economics
    Morning Wire
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook