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Contents

Official guidance
Statutory Payments Manual

SPM100000 · Introduction

  • SPM100100 · The structure of the SPM
  • SPM100200 · The role of the SPM
  • SPM100300 · Comments about the SPM
  • SPM100400 · Responsibility of HMRC
  • SPM100500 · Dealing with questions about Statutory Payments
  • SPM100600 · Introduction definition of an employee and employer
  • SPM100700 · Statutory Payment Disputes Team (SPDT)
  • SPM100800 · Referral to Acas/LRA
  1. Introduction: contents
  2. Introduction definition of an employee and employer

SPM100600 | Introduction definition of an employee and employer

From HM Revenue & Customs · Statutory Payments Manual

Definition of an employee

An employee is someone who "is gainfully employed in Great Britain either under a contract of service, or in an office (including elective office) with earnings … or would not otherwise be an employee for those purposes but is to be treated as an employee for those purposes under the provisions of Schedule 1 to the Social Security (Categorisation of Earners) Regulations 1978/Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978."

Definition of an employer

An employer is the person or corporate body who is liable to pay secondary Class 1 NICs in relation to the earnings of the employee, or would be but for the employee’s age or level of earnings.

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