I'm not really au fait with IPSE and their purpose, actions and objectives, but confess that the news they are supporting somebody claiming employment rights at an Employment Tribunal to be surprising.
As to the description of JtB, I have no view.
I am though sick and tired of hearing that his rather obscure and now very old case is in fact the magic solution to EVERY problem that the IR35 of 2017 and promised in 2020 brings to EVERY party in the process.
Government policy says that the definition of employment for tax and employment law purposes will NOT be aligned.
Ergo, a Tax Tribunal or an Employment Tribunal would be acting beyond its jurisdiction if they decided that the definitions should be same. Further, if they decided that an inside IR35 test was a telling weight in deciding that somebody was entitled to employment law protection, then they have effectively changed Government policy and usurped the authority of Parliament by the back door.
I'm not a lawyer but I guarantee that in such a case, the decision would be swiftly challenged by Government as the tribunal acting beyond its jurisdiction and the decision laid aside.
I'm also tired of how constant reference to said old and obscure case is effectively stifling debate and discouraging others from contributing.
I therefore repeat to JtB and make a polite request. Can we please drop the constant jammering about your case (we all now have more information and insight into it than we need)? Accept that it never was and never will be the magic bullet you believe.
As to the description of JtB, I have no view.
I am though sick and tired of hearing that his rather obscure and now very old case is in fact the magic solution to EVERY problem that the IR35 of 2017 and promised in 2020 brings to EVERY party in the process.
Government policy says that the definition of employment for tax and employment law purposes will NOT be aligned.
Ergo, a Tax Tribunal or an Employment Tribunal would be acting beyond its jurisdiction if they decided that the definitions should be same. Further, if they decided that an inside IR35 test was a telling weight in deciding that somebody was entitled to employment law protection, then they have effectively changed Government policy and usurped the authority of Parliament by the back door.
I'm not a lawyer but I guarantee that in such a case, the decision would be swiftly challenged by Government as the tribunal acting beyond its jurisdiction and the decision laid aside.
I'm also tired of how constant reference to said old and obscure case is effectively stifling debate and discouraging others from contributing.
I therefore repeat to JtB and make a polite request. Can we please drop the constant jammering about your case (we all now have more information and insight into it than we need)? Accept that it never was and never will be the magic bullet you believe.
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