How can you work at the BBC outside IR35?

[Fred Bloggs]

Surely, being a regular presenter on the BBC means you are subject to direction and control and cannot send a substitute worker?

[northernladuk]

Surely, being a regular presenter on the BBC means you are subject to direction and control and cannot send a substitute worker?

This was raised a couple of years ago as most presenters at the BBC are contractors. I did a quick search and stuff like the link below came up from as far back as 2009

This was also mentioned on the forums before due to them being in the same situation as us but the PM gave some dispensation or agreement that made them different. I can't find the thread as BBC is too short to search on.

Something like this was always going to happen, you can't treat one group as different to another.

[SimonMac]

Isn't this basically the same thing that we are doing with our LTD's?

They tried, they failed and they are now facing a tax bill.

Non story IMO

[Fred Bloggs]

Thanks, it seems to me they fail at least two of what have become the three key tests of substitution and D&C without a doubt. I mean, the 9 O'Clock news goes out when the BBC says and sits where the BBC says, not when/where the presenter decides. The presenter can't send in a subby either, surely?

[hyperD]

Announcer: "I'm afraid Susanna Reid couldn't be with us today, but instead, here's the nine o'clock news with her friend Nigel the shelf stacker from Wood Lane's local Aldi"

[thunderlizard]

The presenter can't send in a subby either, surely?

I don't see why not. Obviously I'm biased, but I reckon I could source people who look decent in front of an autocue much more easily than C++/Sybase etc. programmers. They seem to swap around like nobody's business as it is.

[Fred Bloggs]

Announcer: "I'm afraid Susanna Reid couldn't be with us today, but instead, here's the nine o'clock news with her friend Nigel the shelf stacker from Wood Lane's local Aldi"

[Ignis Fatuus]

Thanks, it seems to me they fail at least two of what have become the three key tests of substitution and D&C without a doubt. I mean, the 9 O'Clock news goes out when the BBC says and sits where the BBC says, not when/where the presenter decides. The presenter can't send in a subby either, surely?

AIUI the crucial question is whether you have to be there at a particular time because the work demands it, or just because the boss says so.

[Fred Bloggs]

AIUI the crucial question is whether you have to be there at a particular time because the work demands it, or just because the boss says so.

Surely they're IR35 caught? If I want to sit at home and do my work then I do so unless there are other compelling reasons why I go to the office. Can't do that reading the 9 O'Clock news on the BBC!

[northernladuk]

Surely they're IR35 caught? If I want to sit at home and do my work then I do so unless there are other compelling reasons why I go to the office. Can't do that reading the 9 O'Clock news on the BBC!

I dunno though. If your contract is to present the 9 O Clock news you are just fulfilling your role. And the fact they can't substitute isn't because they are not allowed to. Most substitutions say with a reasonably qualified person able to complete the role. There cannot be too many news readers around and short notice. Isn't the fact they can't substitute due to lack of resource to meet client requirements different to they are not allowed to substitute at all?

I think this is a pretty complicated one.