Originally posted by malvolio
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What I'm saying is that if anyone who is deemed inside by the new regulations and is still with the same client after April 2020 and they wish to challenge that decision, then they can do so in the ET, and cannot lose. There are only three outcomes, employed, a worker or self employed, or possibly the client would settle out of court, as they did in the Winchester case. Any one would clearly challenge an inside IR35 decision. How could a client defend such a case when they had already declared that the contractor was a disguised employee, especially if they use CEST to make that determination.
It would only take someone with nothing to lose to mount such a case, e.g someone who was about to retire, or leaving contracting for any other reason. However, if the case were handed to a high profile anti IR35 campaigner organisation, the way in which the case might be managed, might not be in the best interests of the contractor. I am talking from experience BTW.
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