Employed or self employed – the discussion continues.
Although not a tax case the recent ruling in “Autoclenz” has been inspected closely by robinson+co’s tax experts.
Autoclenz had contracts with car valeters (who were classed as self employed sub contractors) that said all the right things, including an explicit statement that the sub contractor was not an employee of the firm and that the sub contractor was responsible for his own tax and national insurance.
However, for the purposes of the National Minimum Wages Regulations and also the Working Time Regulations the court decided that the contract was a sham.
It bore no relation to what actually happened, and, interestingly, the court also pointed out that Autoclenz influence was such that, effectively, the sub contractor had to sign the contract or look elsewhere for work.
Just how this decision will impact on the “IR35” tale remains to be seen but it is clear that HMRC will look carefully at this decision for hints– especially as they have been losing case after case on the IR35 front! (Our article of 31 January refers.)
Please do not hesitate to contact Peter Ellwood or Victoria Bishop on 01900 603623 if you require further information.