Just heard this on the radio. Not driving but an industry with much more scope for self employment than driving especially for one firm at all times.
Here is a classic example of the grey areas between employed/self employed. It has always been an absolute that self employed receive no holiday pay and very little employment protection, then this ruling comes out
I think the problem in this case is he wanted to drop down to a three day week which surely a true self employed contractor should be able to do if they choose to but they wouldn’t allow him.
It’s a similar thing with amazon and self employed couriers
Just heard this on the radio. Not driving but an industry with much more scope for self employment than driving especially for one firm at all times.
Here is a classic example of the grey areas between employed/self employed. It has always been an absolute that self employed receive no holiday pay and very little employment protection, then this ruling comes out
I think the problem in this case is he wanted to drop down to a three day week which surely a true self employed contractor should be able to do if they choose to but they wouldn’t allow him.
It’s a similar thing with amazon and self employed couriers
Aside from the fact that this ruling can be appealed at the Supreme Court, I think the most important part of this decision is that to allow the “worker” employment rights including the right to be paid holidays, even though the “worker” is working via his own company as self employed. This very decision goes to show how difficult it is to determine ones employment status, it is very much not black and white.
peirre:
I suspect you’ll find many of the “doom mongers” are or where Ltd Co and speak from experience
That may be the case, but I would like to know how many Ltd Co Lorry Drivers have been forced to close down due to IR35, Im guessing very few
I don’t have any figures.
I like many quit the Ltd Co bandwagon as it’s simply not realistic to continue, and the towel has been thrown in, in favour of other options.
peirre:
I suspect you’ll find many of the “doom mongers” are or where Ltd Co and speak from experience
That may be the case, but I would like to know how many Ltd Co Lorry Drivers have been forced to close down due to IR35, Im guessing very few
I don’t have any figures.
I like many quit the Ltd Co bandwagon as it’s simply not realistic to continue, and the towel has been thrown in, in favour of other options.
Fair point if you have had a go and decided to get out, many people as you know still find it beneficial even with all the HMRC curbs, the problems that I have come across is the incompetence of HMRC in not making clear anything when challenged. Then moving the goalposts when it suits.
It is what it is, a grey area, open to abuse and rarely run in the moral scheme it was set up to be. But to claim it to be better, under a false banner of self employed, while only giving a real benefit to the employer, is another nail in a nail heavy coffin.
As stated it is a very grey area, HMRC enforce their legislation in a very very underhand way and then wonder why people skirt around the rules. Ask them for a clear definitive of whether your company is IR35 compliant and they wont tell you…simple as that, they roll out MSC legislation of which no one had heard of and then land drivers with large bills because the drivers accountant has been allowed to operate under HMRCs scrutiny completely trashing the legislation, but hey hit the little man as he is the easy target.