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Case Review — Weight Watchers and Employment Status

Peter Davies reviews the impact of the tribunal decision in Weight Watchers on contracts for service

Weight Watchers (UK) Ltd & Others v HMRC (TC367) is a First-Tier Tax Tribunal case. It considered the employment status of thousands of Leaders who host and run weekly meetings for the Weight Watchers (WW) organisation.

They provide advice and support to WW members and sell WW branded or approved products to members. WW had treated the Leaders as self-employed individuals engaged under a contract for services.

As such neither PAYE nor Class 1 National Insurance Contributions (NICs) had been operated/deducted. HMRC challenged the arrangements and issued formal assessments for the years 2001/02 to 2006/07 inclusive for a sum in excess of £23 million. WW appealed along with a number of Leaders contending that they were not employees and had been correctly treated as being self-employed.

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