Search

How can we help?

Icon

IR35: Eamonn Holmes found to be employed for tax purposes

TV presenter Eamonn Holmes has lost his appeal against a 2018 tax tribunal finding that income tax and national insurance was due on his earnings as presenter of This Morning because his contract with ITV amounted to employment for tax purposes.

ITV engaged Mr Holmes via his personal services company, and he argued that he was “totally freelance” and had “total control” over how he acted as a presenter on This Morning. However, in a Judgment of the Upper Tax Tribunal published on 21 February, the Judge found that “there was sufficient mutuality and at least a sufficient framework of control to place the assumed relationship between ITV and Mr Holmes in the employment field.

The Judge said that “On that basis and, having regard to all other relevant factors, my view is that overall, throughout all relevant tax years, the assumed relationship between ITV and Mr Holmes was one of an employment rather than self-employment.”

He argued that he was “totally freelance” and had “total control”.

In essence, the finding is that, if you took the intermediary out of the picture, it was work an employee would be doing.

This highlights how important it is for all businesses which engage consultants and contractors to understand how different working arrangements will affect their financials.

This is a case under law on IR35 as it is at present, meaning that Mr Holmes’ personal service company will have to pay the tax and national insurance due, which is estimated to be in the region of £250,000. Had this been decided under the new IR35 law which will apply from 6 April 2020, it would have been ITV picking up the tab.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 19 August 2026
  • Employment

Managing employee redundancies: Frequently asked questions (FAQs)

Redundancy should be an employer’s last option when restructuring their business. There are necessary steps that should be taken to ensure that redundancy is the best move forward

art
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.

art
  • 13 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 12 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.