Alstom Transport (2010)
Brookson Legal Services firmly believe that the outcome of Alstom Transport v Tilson given by the Employment Appeal Tribunal is fair, equitable and restores justice. Thankfully, this ruling reversed the decision that Mr Tilson had the ability to claim employment rights (such as unfair dismissal) from his client, Alstom Transport. The Employment Tribunal’s opinion, from […]
J and C Windows v HMRC (2009)
Another IR35 victory for a contractor in the construction sector helps us to keep abreast of how the Special Commissioners interpret the ever-changing case law on employment status. In January 2009, the Special Commissioners heard the appeal of J and C Littlewood (“JC Windows”) against HMRC’s determination that all of the workers engaged by JC […]
Wright v HMRC (2009)
Similarly, to the case Larkstar, the General Commissioners have found in favour of the tax payer in the case Wright v HMRC. Undoubtedly, the findings that IR35 did not apply to the assignment was a positive decision for Mr. Wright. However, this headlining case was appealed to the High Court by HMRC. The purpose of […]
Autoclenz Ltd vs Belcher & Ors (2009)
The case of Autoclenz Ltd vs Belcher & Ors progressed all the way to the Supreme Court in 2011. Thankfully, the Supreme Court fairly decided to affirm the decision made in the Court of Appeal. The Supreme Court determined that the car valeters working for Autoclenz were entitled to backdated employment rights. For example, the […]
Castle Construction Limited v HMRC (2008)
This case involved the wrongful determination by HMRC that 314 workers were ‘disguised employees’. The Special Commissioners disagreed with their conclusion of employment status and finalised the categorisation of the workers as ‘self-employed’. Consequently, Castle Construction saved roughly £500,000 in additional National Insurance Contributions. This case placed great emphasis on the autonomy of the contractor. […]