The decision in Ter-Berg v Simply Smile Manor House Ltd and Others [2023] EAT 2 confirmed that neither the statutory definition nor the contractual terms by themselves determine employment status when there is a dispute. Although contractual terms are important, it is often necessary to look beyond the contract at the reality of the working framework and the statutory framework to determine employment status. In this case, the EAT quashed the employment tribunal’s decision that Ter-Berg, a dentist and principal of a group of three dental practices, was not an employee and remitted the matter to another tribunal for fresh consideration.