IR35 – Another defeat for HMRC
H M Revenue & Customs have suffered another defeat at the Tribunal in an IR35 case.
In this case the tribunal decided that there was no “mutuality of obligation.” The contractor had been sent home with out pay when there were computer failures whereas employees had to stay on site. Also, Airbus (the contractor) were allowed to cancel the contract without notice.
It is clear that if the contract is properly written and reflects what actually happens, then the IR35 legislation does not apply.
Please do not hesitate to contact Peter Ellwood or Victoria Bishop on 01900 603623 if you have any queries.