Court of Appeal rules in contractors' favour
A TV presenter won a high-profile Upper Tribunal case regarding her employment status under the IR35 rules. HMRC appealed against this, but the Court of Appeal has just rejected its argument. What happened?

HMRC’s argument was that the Upper Tribunal had interpreted a key piece of case law incorrectly. The case in question sets out the factors that should be considered, such as mutuality of obligation, personal service and others. HMRC argued that whether someone is “in business on their own account” (i.e. other factors) should be given little weight, and even argued that considering this would be an onerous compliance burden for HMRC. In a decision published today, the Court of Appeal unanimously rejected this argument, stating that circumstances known to both parties at the date of the contract, e.g. the fact that the person providing the work has an established career as a freelance worker, should be taken into account. This is a huge win for all contractors, particularly those providing personal services.
The decision on whether, overall, there would have existed an employment relationship in this case was remitted back to the Upper Tribunal.
Related Topics
-
HMRC’s new compliance check service
HMRC has published a collection of videos and notes to help if you’re picked for a compliance check. Is HMRC’s new service worth a look or is it just official propaganda?
-
Income sharing trouble for separated couple
After a couple separated one spouse received income from letting the property she jointly owned with her estranged spouse. HMRC taxed all the income on her. Was it right to do so or should her spouse have been taxed on half the income?
-
How to handle workers aiming to "Slide Away" to an Oasis Concert
The Oasis Live ’25 UK reunion tour starts in Cardiff on 4 July 2025 and concludes in London on 28 September 2025. With ticketless fans keen on obtaining last-minute tickets and ticketed fans eager to get to the gig for when the gates open, this could have an impact on staff productivity and timekeeping. How can you tackle these issues?