The good burgher’s of UK PLC should be kept abreast of HMRC’s misconduct, the latest IR35 debacle needs simplifying. Miss W in 2016 engaged by HMRC for Marketing consultation…. before you say it, why does the Treasuries Tax Collector require Marketing advice…discuss? However Miss W was caught in the Chancellors Budgetary remit to exclude all Public Bodies (to include HMRC ) from employing Limited Status Contractors, therefore HMRC should have employed her direct… here we go again, finding their need for Marketing advice required Miss W! They didn’t employ her, but sidestepped the issue (without consulting Miss W) by engaging her through an employment agency, she then found herself subject to large deductions to include employer’s national insurance and apprenticeship levy, both confusing and unfair! HMRC had deliberately engaged her through an agency to mitigate her rights as a direct employee of HMRC, hoping to wash their hands clean of any repercussions; when she requested Holiday Pay (on parity with HMRC employee’s) she was refused. Miss W then took both the Agency and HMRC to court claiming the sum of £4,200.00, however before the hearing the parties agreed to settle out of court!
First well done Miss W, secondly “chaos and confusion” reins over HMRC’s application of the IR35 Rules, even within the organisation responsible for applying the rules. That the culprit in this case was HMRC beggars belief.