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IR35: Addison Lee ruling reinforces that working conditions override written contract
Contractors need to be mindful of their working practices to avoid IR35, after another contract was overridden in an employment tribunal last week.
�) , the landmark ruling demonstrating that ‘sham’ contracts cannot be used to create a business-to-business r� �ate hire company. This is in spite of the written contract, which stated that Mr Gascoigne was an ‘independe�
Category:
News
| Mon, 07 Aug 2017
Public sector IR35 reforms survey: projects crippled by contractor exodus
IT departments and the NHS are amongst the worst hit sectors as a new survey shows the devastating impact of the IR35 reforms on the public sector.
�considering changing career 40% say they may quit contracting altogether Only 22% of remaining contractors are� �NHS departments are willing to offer outside IR35 contracts. The effect on morale in this sector is evident.� �contractors were asked about their willingness to contract in the public sector in future, it was evident th�
Category:
News
| Mon, 04 Sept 2017
HMRC IR35 tool creates farce as contractors now move from La La Land to Limbo Land
HMRC Employment Status Service (ESS) IR35 tool delivers incorrect and nonsense results, placing contractors and public sector bodies in limbo.
�eld.co.uk and agencies should have their standard contracts reviewed by qualified lawyers,” highlights Chapli� �about from task to task without it being in their contract, can pass the test, contrary to what the case law�
Category:
News
| Fri, 03 Mar 2017
HMRC CEST tool has no legal authority, says IR35 legal expert
HMRC’s CEST tool isn’t legally binding and doesn’t meet the ‘reasonable care’ requirements established by law, warns Martyn Valentine.
�e Bill 2017 - what constitutes ‘reasonable care’? Contracting stakeholders have reacted positively to the news� �d by a reasoned opinion based on the terms of the contract and the working practices.” Why doesn’t HMRC’s CE�
Category:
News
| Wed, 22 Mar 2017
NHS locum doctors avoid IR35 by being lured to the private sector
The NHS is suffering as a result of the public sector IR35 reforms as private sector recruiters attract locum doctors with ‘outside IR35’ contracts.
�e private sector. This would be a disaster for UK contracting, but as it stands the public sector is suffering� �ing online job boards to advertise ‘outside IR35’ contracts. This is stretching already scarce resources for� �5 advice to candidates. Government failed to heed contract sector warning The warning signs were there month�
Category:
News
| Thu, 18 May 2017
IR35 reforms: the threat to contractor accountants
Contractor accountants need to take action or else risk losing clients and revenue as a result of the public sector IR35 reforms. Find out why.
�to remain outside IR35. To avoid this the entire contracting industry would need to ensure contractors were wo� �nside status if they wanted to keep their current contracts." How will the IR35 reforms affect contractor acc� �ensure contractors were working on projects on a contract for services and therefore outside IR35. But that�
Category:
News
| Mon, 22 May 2017
Experts slam logic underlying the HMRC IR35 tool
IR35 experts have dismissed the credibility of HMRC’s IR35 tool after receiving details of its inner workings. Find out what they say, here.
�warns of a regression back to the days of ‘sham’ contracts , with contractors agreeing to contracts containi� �Place , a legal consultancy specialising in IR35, contract reviews and employment issues. What did we show t�
Category:
News
| Mon, 05 Jun 2017
Legal challenge to IR35 needs your support – please help
A brand new legal challenge to IR35 is underway and needs your support. Please help if you can.
�that has wreaked havoc amongst the public sector contracting community. Mike Gibson reflects on some of the st�
Category:
News
| Tue, 27 Jun 2017
IR35 tribunal win for MBF Design Services confirms importance of MOO
Contractor Mark Fitzpatrick has secured an IR35 win with PCG’s help, with a tax tribunal clearing him of using his limited company to avoid tax.
�rs wishing to understand the IR35 status of their contracts.� �tractor Fitzpatrick. He has had to prove that his contract with client Airbus was outside IR35. In doing so,�
Category:
News
| Thu, 20 Jan 2011
IR35: MBF Design Services v HMRC – key facts from the case for contractors to note
HMRC’s weak position and less than scrupulous methods show it should never have brought its IR35 case against MBF Design Services.
�not a disguised employee of client Airbus and his contracts were found to be outside IR35. “The parties’ plai� �intermediaries GED-Sitec and Morson that put the contract well outside IR35. These included: A clause stati�
Category:
News
| Mon, 07 Feb 2011
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