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Groves v Mr N Faulkner t/a The Drive Prep School

What you call your arrangement does not change what it actually is.

The ruling

Worker status found to be employment despite self-employment agreement”

The label on your working arrangement does not determine your legal status. What matters is how the arrangement actually operates in practice.

  • If your hours are set by the person you work for, you cannot send a substitute without their approval, and the day-to-day reality looks like a job, you may be an employee regardless of what your contract says.
  • A written self-employment agreement and a history of invoicing will not override the reality of how you actually work.
  • If you believe you have been wrongly classified as self-employed, get advice before raising a claim. You may be entitled to rights, including redundancy pay and notice pay, that you were told you did not have.
Read the full case

The situation

A science and maths teacher worked at a small independent school for seven years. The school owner set her timetable, observed her lessons, and chose the exam boards. She signed the safeguarding policy. If she could not attend, cover had to be arranged. Both parties had agreed she was self-employed. She invoiced the school and handled her own tax and national insurance.

When the school closed suddenly after an Ofsted inspection, she claimed a redundancy payment and notice pay. The school said she was self-employed and owed her nothing.

What the tribunal found

The tribunal found she was an employee.

Employment Judge Wright applied the Ready Mixed Concrete test: personal service, sufficient control, and an arrangement consistent with a contract of employment. On all three counts, the answer pointed the same way. She worked the hours the owner set. She could not send a substitute without his agreement. The day-to-day reality was indistinguishable from that of the employed teaching staff. The invoices and the tax arrangements changed none of it.

There was also a footnote worth noting. The tribunal said HMRC would be informed of the finding.

Full citation

Groves v Mr N Faulkner t/a The Drive Prep School. Case 2309481/2025. London South Employment Tribunal. May 2026.

Last reviewed 31 July 2026