Can a PSC be an employee?

[webberg]

Off-payroll: PSC and employment rights | AccountingWEB

Useful summary of three cases.

The author suggests that they are useful but not conclusive but they may give people hope that they can claim employment rights even if operating via a PSC.

If this is a line of thought that gains any traction - or worse becomes a live case against an end client - then contracting is over.

[Bluebird]

In those cases the PSC is engaged with the Client - is it not the case that many PSCs are engaged via a third party ( Agency ) - that being the case then would the employment rights need to be fulfilled by the agency rather than the client?

[JohntheBike]

Off-payroll: PSC and employment rights | AccountingWEB

Useful summary of three cases.

The author suggests that they are useful but not conclusive but they may give people hope that they can claim employment rights even if operating via a PSC.

If this is a line of thought that gains any traction - or worse becomes a live case against an end client - then contracting is over.

The author suggests that they are useful but not conclusive but they may give people hope that they can claim employment rights even if operating via a PSC.

Anyone can claim employment rights at any time irrespective of their setup. Whether or not they would be successful, would be decided by the courts, by taking into account the actual working practises and the contractual obligations. Clearly if a client determines that an individual is an employee under the proposed SDS process, then the individual would have a stronger case than without such a determination. The future of contracting is in the hands of HMRC and the clients, and not the individual contractors, as we are already seeing.

[webberg]

The future of contracting is in the hands of HMRC and the clients, and not the individual contractors, as we are already seeing.

HMRC care nothing for the prosperity of the UK, nor the value brought by the contracting community, nor any claims of fairness.

HMRC are pursuing a policy that puts "compliance" ahead of long term revenue, GDP production or the needs of business.

As if this was not enough many, many contractor engagers will have additional reasons to look elsewhere for workers.

Contractors taking such claims against engagers are accessories before the fact in the demise of contracting.

[JohntheBike]

HMRC care nothing for the prosperity of the UK, nor the value brought by the contracting community, nor any claims of fairness.

HMRC are pursuing a policy that puts "compliance" ahead of long term revenue, GDP production or the needs of business.

As if this was not enough many, many contractor engagers will have additional reasons to look elsewhere for workers.

Contractors taking such claims against engagers are accessories before the fact in the demise of contracting.

whereas I agree entirely with you first two statements, the contracting community, including individuals, shouldn't roll over and accept defeat without putting up a fight if they have an opportunity to do so. I'm bemused why no BBC contractors, like Ackroyd, have not explored their positions further. Perhaps it's because the BBC will be paying their back taxes?