Self-employed music teacher at Cranleigh School fails to prove worker status
A visiting music teacher who signed a self-employed agreement was found not to be an employee or worker, and his claims for unfair dismissal, notice pay, and holiday pay were dismissed.
1 min read · Last updated 18 May 2026
Case details
- #visiting-music-teacher
- #substitution-clause
- #safeguarding
- #mutuality-of-obligation
- #control
- #self-employment
Key facts
- The claimant signed an agreement describing himself as self-employed.
- The claimant paid his own tax and national insurance and filed self-assessment returns.
- The claimant invoiced parents directly for lessons and had to take legal action to recover fees.
- The claimant was free to choose how many pupils to teach and could work for other schools.
- The claimant had a contractual right to substitute, subject to safeguarding checks.
- The school did not pay the claimant; parents paid him directly.
Timeline
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Claimant signed self-employed agreement
The claimant signed an agreement with Cranleigh School describing himself as a self-employed Visiting Music Teacher.
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VMT handbook issued
The school issued a Visiting Music Teacher handbook with guidance on conduct, fees, and safeguarding.
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First Covid lockdown
The school suspended in-person lessons and later introduced online teaching via a school-approved platform.
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Preliminary hearing on employment status
The tribunal heard evidence and submissions on whether the claimant was an employee or worker.
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Judgment issued
Employment Judge Mensah dismissed all claims, finding the claimant was self-employed.
The legal issue
The tribunal had to decide whether the claimant was an employee under section 230(1) of the Employment Rights Act 1996, or alternatively a worker under section 230(3), based on the true nature of his relationship with the school.
The outcome
The tribunal dismissed all claims, finding that the claimant was not an employee or a worker.
Key reasons:
- The claimant signed an agreement describing himself as self-employed.
- He paid his own tax and national insurance and filed self-assessment returns.
- He invoiced parents directly and had to take legal action to recover fees.
- He had a contractual right to substitute, subject to safeguarding checks.
- He was free to choose how many pupils to teach and could work for other schools.
- The school did not pay him; parents paid him directly.
No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- A written agreement describing a person as self-employed is strong evidence of their status, but the tribunal will look at the reality of the working relationship.
- Having a substitution clause, even if rarely used, can support self-employed status.
- Paying your own tax and invoicing clients directly are classic indicators of self-employment.
- The ability to work for other organisations and choose your own hours also points away from employee or worker status.
What this case shows in practice
This case illustrates how tribunals assess employment status when a written agreement says one thing but the reality may be different. The claimant, a visiting music teacher at Cranleigh School, had signed an agreement describing himself as self-employed. He paid his own tax, invoiced parents directly, and even had to take legal action to recover unpaid fees. The school did not pay him; parents did. He could choose how many pupils to teach and could work for other schools. Critically, his contract included a right to substitute another teacher, subject to safeguarding checks.
What the school did right
Cranleigh School had a clear written agreement that matched the actual working relationship. The claimant's freedom to substitute, his direct invoicing, and his tax arrangements all supported self-employment. The school also issued a Visiting Music Teacher handbook, but this did not change the fundamental nature of the relationship. The tribunal found that the control the school exercised over safeguarding and lesson conduct was consistent with its duty of care to pupils, not with employment.
Why this result matters
This decision reinforces that genuine self-employment can exist even in a school setting. For anyone considering a claim based on employment status, the key is whether the written agreement reflects reality. If you have a substitution clause, pay your own tax, and invoice clients directly, you are likely to be seen as self-employed. The tribunal will look at the whole picture, not just one factor.
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