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Landmark tribunal judgement tells us who is an employee
The UK Employment Appeal Tribunal in London has handed down a critical decision on the definition of a worker--it directly affects contractors who could be considered employees.
�ntants, does not alter that fact.'' Relevance for IR35 While the entire question of IR35 is not raised i� �uld employ right of substitution clauses in their contracts. The second issue is that of mutuality of obligat� �ntractual relationship or not. If it is, then the contract lies in the employment field..." Is the obligatio�
Category: News | Wed, 28 Feb 2007

Control issue dominates in IR35 victories
Contractors continue to win most IR35 court cases, showing the legislation itself is misconceived. PCG have gone far to prove this in case law. The Revenue is likely to take a similar beating over the MSC legislation.
�win the vast majority of court cases based around IR35. A similar beating is likely to be administered t� �d Comments David Royden, a lawyer specialising in contract law with Layton's Solicitors in Manchester: ''Of�
Category: News | Wed, 23 May 2007

Contractor loses IR35 appeal - substitution clause viewed as “window dressing”
Contractor loses IR35 appeal as the hypothetical contract says his relationship with the client was one of employment.
�The Revenue has overturned an IR35 appeal by Cardiff based Alternative Book Company� �he relationship was overwhelmingly of employment. Contracts No Protection Shepherd’s defence hinged on a rang� �ounds that the contractor, Keith Shepherd, had a ‘contract of service’ with his client and the relationship�
Category: News | Wed, 04 Jun 2008

IR35: HMRC successfully overturns ‘Kickabout’ decision at Upper Tribunal
HMRC has successfully appealed a high profile IR35 defeat, after the UT overturned the decision in its case against Kickabout Productions Limited.
�HMRC has secured a decisive IR35 victory at the Upper Tribunal (UT) , overturning� �e they are not inconsistent with the hypothetical contracts being contracts of employment.’ Key status factor�
Category: News | Tue, 28 Jul 2020

Basic Broadcasting Limited wins IR35 appeal after seven-year nightmare for presenter Adrian Chiles
Adrian Chiles has won his IR35 tax appeal after a seven-year nightmare for his media-based firm Basic Broadcasting Limited ("BBL").
�re than seven years and two tribunal hearings, an IR35 case ruling has finally been made for the broadca� �tially heard the appeal in November 2019, but she contracted Covid-19 in the early part of the pandemic and su� �he tribunal's partial analysis found that all the contracts created the initial impression of contracts of em� �lied the IR35 statute and the tests to identify a contract of service based on the 1968 case of Ready Mixed�
Category: News | Wed, 16 Feb 2022

McCann Media Limited IR35 appeal dismissed by FTT
A second tribunal decision relating to services provided to Sky has now been released with the tribunal again not upholding the appeal.
�th a contract of employment. Dave Chaplin, CEO of IR35 Shield , who attended the three-day tribunal, sai� �was no finding as such by the judge, nor were the contracts deemed to be a sham." Again, the unfairness of IR� �re, meant that the provisions of the hypothetical contract were consistent with a contract of employment. Da�
Category: News | Wed, 16 Mar 2022

Damaging impact of HMRC’s misleading webinars to NHS revealed
NHS Trusts are feeling the aftereffects of adopting a blanket approach to Off-Payroll, encouraged by HMRC, as staff shortages continue to intensify.
�iance that has rendered almost all locums ‘inside IR35’. The approach has subjected critical health work� �his test is satisfied by the mere imposition of a contract. The taxman’s stance has been repeatedly rebutted�
Category: News | Tue, 03 Mar 2020

Christa Ackroyd IR35 ruling unchanged after appeal to Upper Tribunal
The Upper Tribunal has rejected an appeal from television presenter Christa Ackroyd against the IR35 tribunal ruling that emerged in February 2018.
�ta Ackroyd has failed in a bid to have her deemed IR35 status overturned at the Upper Tribunal (UT). The� �in the absence of any clear indicator within the contract. This was in spite of the FTT’s analysis and reas�
Category: News | Mon, 28 Oct 2019

IT consultant wins latest IR35 case against HMRC and "army of lawyers"
An IT consultant and his small defence team have defeated HMRC and an “army of lawyers’ in an IR35 tribunal case which hinged largely on mutuality of obligation.
�rofessional IT consultant has defeated HMRC in an IR35 tribunal case which has again highlighted several� �passion for delivery led him to make a move into contracting where he could choose which clients to work with� �st an army of lawyers.” RALC v HMRC: what did the contracts say? From 2010, Alcock entered into a series of c� �e explains that Alcock’s motives for entering the contract market were genuine: “As a former Accenture emplo�
Category: News | Mon, 04 Nov 2019

Lib Dems pledge to review IR35 and abandon Loan Charge
A review of the Off-Payroll rules and a repeal of the controversial Loan Charge are amongst the manifesto pledges made by the Liberal Democrats.
�presented with the facts. A considered review of IR35 and these devastating proposals is just what is n�
Category: News | Thu, 21 Nov 2019

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