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Key definition
Workers definition

What does Workers mean? In practice, workers are individuals who personally perform work or services for another and are not genuinely in business on their own account; the term covers employees and non‑employees such as agency, casual and platform workers. In Great Britain, “worker” is a statutory category of employment status (ERA 1996 s.230(3); Working Time Regulations 1998) comprising employees and “limb (b)” workers. Case law (Autoclenz; Uber v Aslam) looks to the reality of the relationship and personal service, excluding those serving clients or customers of their own business. Worker status usually brings core protections (National Minimum Wage, paid holiday, whistleblowing, unlawful deduction of wages,...

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IR35 off‑payroll working for public authorities and medium/large private sector clients: scope, SDS, fee‑payer obligations, calculations, set‑off and enforcement (UK)

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Practice notes
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Practice Note: IR35—introduction, developments and key difficulties

As outlined in Practice Note: IR35—introduction, developments and key difficulties, the IR35 framework consists of two principal aspects. This Practice Note sets out the aspect of IR35 that applies where:

  • from 6 April 2017, a Public authority, and
  • from 6 April 2021, a private Sector entity (other than one that is ‘small’ or does not have a ‘UK connection’) engages a worker through an intermediary such as a personal service company (PSC).

This aspect is described as the ‘large and public client off-payroll regime’ throughout this Practice Note and across all items in this subtopic. The other aspect of IR35 applies in every other situation, for instance where the contracting end client is a small private sector entity or lacks a UK connection. That regime is termed the ‘small client off-payroll regime’ throughout this Practice Note and all other items within this subtopic. For an explanation and discussion of the small client off-payroll regime, see Practice Note: IR35—the small client off-payroll regime. Broadly, the effect of the large and public client off-payroll regime is, in relevant cases, to allocate the responsibility for assessing...

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David Smith
David Smith chambers

David is a partner at DLA Piper.

Web page updated on 21/05/2026

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