⚠️ Off-Payroll & Self-Employed Pub Managers: Know Your Rights

The pub sector is undergoing a quiet but seismic shift. Many publicans are being asked to operate under self-employed, operator-led agreements—often through personal service companies (PSCs)—without the protections of employment or tenancy. If you’re one of them, you may be at risk under the IR35 tax reforms, and we’re here to help.

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🧾 What do you need to know?

In April 2021, HMRC rolled out IR35 reforms to the private sector. These rules target “disguised employment”, where individuals work like employees but avoid PAYE tax by billing through a company.

Key Impacts:

• You may no longer be off-payroll if you’re not genuinely self-employed.
• Hiring companies now bear liability for misclassification—but you may still be investigated for past arrangements
• Court cases show that workers—not hirers—are liable for pre-2021 setups

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🏚️ The Pub Sector’s Grey Zone

Pub companies have increasingly used self-employed retail agreements and operator-led models to staff venues. These setups often:

• Require you to recruit and manage staff independently
• Offer no paid leave, pension, or sick pay
• Avoid formal employment while maintaining control and supervision over most aspects of the day-to-day operations.

This model has been described as “sham self-employment”, and many publicans are left financially exposed and legally vulnerable

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🧠 What You Can Do

✅ Check Your Status

Use HMRC’s web tool to see if you fall inside IR35 here.

✅ Ask Questions

Speak to your hiring company:

• Will you be employed?
• If not, why not?
• Get responses in writing.

✅ Know Your Rights

Under the Pubs Code, tied tenants must receive fair and lawful treatment. If you’re being asked to operate under a self-employed model, you may still be entitled to protections

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🛠️ How We Can Help

We offer specialist support for publicans caught in this legal and financial limbo.

Our Services Include:

• IR35 status reviews and guidance
• Help negotiating with pub companies
• Legal referrals for tenancy and employment disputes
• Advocacy with HMRC and the Pubs Code Adjudicator
• Support transitioning to secure agreements

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📣 Real Cases, Real Concerns

• The Regulator has been sitting on the fence over whether operator-led models fall under the Pubs Code
• Concerns raised about TUPE obligations, minimum wage compliance, and misleading business models
• Publicans have been asked to set up micro-recruitment firms just to keep pubs open—an arrangement described as artificial and exploitative
• Some people report being told what to put on forms, thereby misrepresenting their status

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📩 Get Help Today

If you’re a self-employed contractor in the pub trade and unsure about your status, rights, or future—we’re here to help.

🗣️ Listen to our podcast