Search

How can we help?

Icon

IR35: control comes at a £920,000 cost

As the April 2020 IR35 changes loom ever larger, there is a lot of attention on challenges under the current system to the tax arrangements of consultants providing work through their own personal service companies.

In our previous article about a television presenter being pursued by HMRC for tax payments, the Claimant’s arrangements with the BBC were held to be self-employment rather than an employment relationship.

However, in the recent case of Paya Limited and others v HMRC [2019], the tax tribunal has found that three presenters who were engaged by the BBC through personal service companies were employees for the purpose of tax.

Whilst the presenters had argued that they were self-employed, the tribunal ruled that the ‘assumed relationships were ones of employment’ because the BBC:

  • retained creative control
  • instructed the presenters on how the work was to be carried out and when
  • had the right to prevent the presenters from working for any other broadcaster.

The presenters and the BBC were collectively liable for £920,000 in unpaid taxes.

The tribunal ruled that the ‘assumed relationships were ones of employment’.

It also stated that the BBC had effectively required the presenters to be engaged through personal service companies due to an “imbalance of bargaining power”. Since the judgment, the BBC has acknowledged its responsibility for the contracts, and it has said it will help the presenters resolve the cases, with two-thirds of the bill reportedly already settled.

This case could have implications for more than 100 other presenters who work under personal service companies and may now face a large tax bill.

Businesses are advised to actively prepare for the IR35 changes that will take place in April 2020 by reviewing their contracts and relationships with contractors. For more information on how to prepare for IR35 changes in advance of April 2020, get in touch with our Employment department.

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.