How's this for taking the piss?

[malvolio]

Agreed. But HMRC / government can't have it both ways - if he's under IR35 there's an expectation of an employment relationship (or I'm pretty sure it could be argued that way in Court).

Just because they use the employment tests to define IR35-caught, doesn't mean they are saying he is an employee with employee's rights. TUPE won't apply, for one thing. Any attempt to link the two - the so-called nuclear option - would probably fail although it would be iteresting to try.

[ASB]

Just because they use the employment tests to define IR35-caught, doesn't mean they are saying he is an employee with employee's rights. TUPE won't apply, for one thing. Any attempt to link the two - the so-called nuclear option - would probably fail although it would be iteresting to try.

C & W - but very specific things. In this case the guy was decided to be an actual employee of C & W.

Granted though, everybody else has failed so far.