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Netherlands

Can a speech therapist with one client still work as a freelancer?

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The Zeeland-West-Brabant District Court held that a speech therapist worked under a service agreement rather than an employment contract. She had one client, treated the practice’s patients and used its premises and electronic patient record system. Those circumstances did not outweigh her practical independence. The speech therapist decided whether to accept patients, organised appointments and could cancel or reschedule treatments without permission. The client did not direct her treatment methods or conduct performance reviews. She invoiced through her own business and bore the financial consequences of fluctuations in treatment work. The judgment shows that performing a client’s core services does not automatically establish employment. What matters is the complete working relationship, including the freelancer’s actual freedom to organise and perform the assignment. Freelance status did not remove the client’s contractual obligations. The court awarded the speech therapist €2,264.52 gross, as stated in the judgment, because the agreed notice period had not been observed.

1. What led to the classification dispute?

The speech therapist started working for a dyslexia and speech therapy practice on 1 April 2024. The agreed fee was €18 per 30-minute treatment, including handover and administration. She registered her business in July 2024 and invoiced the client for treatments. 

The client later proposed moving the relationship into employment because of concerns about the fiscal rules governing freelance work. Negotiations did not produce agreement. In August 2025, the client announced that the collaboration would end from 1 September. 

The speech therapist claimed that she had already been working under an employment contract. Alternatively, she sought compensation because the client had not observed an appropriate notice period. 

Toelichting

A proposal to move into employment does not establish that the earlier arrangement was already employment. The court must assess how that relationship actually operated.

2. Which freedoms supported freelance status?

The court found substantial freedom over both treatment and work organisation: 

  • The speech therapist determined how to conduct treatments, without treatment guidelines imposed by the client. 

  • The client offered patients, but she decided whether to accept them. 

  • She organised appointments within the availability of the shared treatment room. 

  • Cancelling or moving appointments for personal reasons did not require permission. 

  • She could use her own treatment materials, although she chose to use materials available at the practice. 

The client did not conduct evaluation or performance reviews. Nor was the speech therapist required to attend company training.

Toelichting

Clinical expertise alone does not establish freelance status. Employees can also exercise professional judgement. Here, the speech therapist’s independence extended beyond treatment decisions. She controlled patient acceptance and appointments without having to seek the client’s approval.

3. Why did using the client’s premises and systems not establish employment?

Speech therapy formed part of the client’s core business. The court therefore recognised that the work was integrated into the practice’s organisation. 

It distinguished that integration from the speech therapist’s own position within the business. She was not managed through performance reviews or compulsory company training. 

The court also examined why she used the client’s electronic patient record system and email address. It considered treatment registration in the context of healthcare obligations and the practice’s arrangements with its health insurer. Those administrative circumstances did not establish authority in this relationship.

Toelichting

A client may need consistent patient records, secure systems and coordinated use of treatment rooms. The question is how those requirements operate. Do they support the delivery of care, or do they also give the client control over the freelancer’s methods, availability and performance?

4. What did having one client and bearing commercial risk mean?

The speech therapist had no other clients during the relevant relationship, although she was allowed to accept them. The court regarded this as her choice rather than a contractual restriction on entrepreneurship. 

She invoiced through her own business. Her income depended on the work performed and the number of treatments. She received no continued payment during holidays or sickness. 

The service agreement also allowed substitution, although she had not used that possibility. 

Toelichting

One client does not automatically mean employment. Several clients do not automatically establish independence. Invoices and substitution clauses also need context. Their significance depends on the commercial freedom and obligations that exist in practice.

5. Why did the client still have to pay compensation?

The client argued that a WhatsApp exchange had limited the service agreement to 1 September 2025. The court found that the exchange did not establish agreement on that end date. The speech therapist had understood that employment would begin then. 

The service agreement had continued under the same conditions and contained a two-month notice period. The court held that it ended on 22 October 2025. 

It awarded €2,264.52 gross for the period beginning on 1 September, plus statutory commercial interest and procedural costs. A period of unusually high earnings from temporary maternity cover was excluded when calculating representative income. 

The claims that depended on an employment contract were rejected. 

Toelichting

A freelancer can have enforceable termination rights without being an employee. Informal messages can create or change contractual obligations. The problem here was what the parties had actually agreed, rather than the use of WhatsApp itself.

6. What does this judgment mean for clients and freelancers?

The decision provides a practical example of freelance work within a client’s core business. Independence was visible in everyday decisions: accepting patients, arranging appointments and performing treatments. 

Clients should distinguish necessary coordination from managerial control. Freelancers should examine whether the freedom described in their agreement can actually be exercised. 

The judgment concerned a private dispute between the speech therapist and the client. It was not a tax appeal or a general ruling approving freelance healthcare arrangements.

Toelichting

A service agreement should describe a way of working that both parties can maintain. Record actual decisions and practices. A clause allowing independent scheduling has limited value if every change requires permission.

7. Key insights and actionable takeaways for clients and freelancers

  • Check practical freedom. Who accepts patients, arranges appointments and approves changes? 

  • Clients should explain why shared systems and quality requirements are necessary and examine how they operate in practice. 

  • Freelancers should retain evidence of decisions made independently, including patient acceptance and scheduling. 

  • Assess dependence on one client alongside the complete relationship. 

  • Record contractual changes clearly. A signed amendment reduces uncertainty, although WhatsApp agreements are not automatically invalid. 

  • Before ending an assignment, check its duration, notice clause and any payment obligations. 

Bronnen

Disclaimer

The information provided in this article is for general informational and educational purposes only and does not constitute legal, tax, or employment advice. Labor and classification regulations (such as the Dutch Wet DBA and EU directives) are highly complex, fact-specific, and subject to frequent changes and changing administrative policies. Reading this content does not create an attorney-client or advisory relationship with Zooly. Before making any decisions regarding contractor engagement, compliance frameworks, or classification policies, you should always consult a qualified local employment lawyer or tax professional. Zooly accepts no liability for any actions taken or decisions made based on the information provided on our website.

Redactionele toelichting & AI-verklaring

In compliance with Article 50 of the EU AI Act, we disclose that artificial intelligence (AI) tools were utilized to assist in compiling, legal screening, and drafting this content. However, to ensure absolute legal precision and contextual accuracy regarding compliance topics, the final text has undergone full human editorial review and rigorous manual verification by the Zooly compliance team before publication.

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