James v Greenwich Council [2006] UKEAT 0006/06/1812; [2008] EWCA Civ 35

Employment status: Off payroll, on HMRC’s hit list

Employers face challenging decisions about how to treat contractors for tax purposes under HMRC reforms. They could even face claims that those individuals are entitled to employment rights, warns Mark Leach ‘There has been little interest among employing organisations in the taxation obligations of IR35. This is because the onus has traditionally been on the …

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Employment Status: Considerations when using personal service companies

Matthew Towers discusses a recent case on what counts as ’employment’ for the purposes of bringing a discrimination claim ‘Individuals providing work through personal service companies may not be protected against discrimination under the EA, especially where contractual arrangements are complicated.’ In some industries, such as IT, it is relatively common for individuals to provide …

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