Reply to post: Re: where does MOO fit in?

CEST la vie, IR35 workers: HMRC sets out stall for ignoring Mutuality of Obligation

Anonymous Coward
Anonymous Coward

Re: where does MOO fit in?

"If you're an employee they have to provide work, you have to do it, and they have to pay you for it."

Please clarify (and/or get a clue, not sure which one applies here).

There are plenty of "employees" in the UK who in recent years are on zero hours contracts, whose employers claim to have no obligation to provide work unless it suits the employer, and (in theory) where the employees can choose not to take the work offered.

The opposite end of this fiasco are those companies whose workers are nominally self employed subbies but are in practice employees, in which circumstances the employees typically carry most of the risks and downside, while the "not-employers" make all the gravy.

Some aspects of the rules are described at

https://www.gov.uk/employment-status

There is also recent case law on the subject in the UK (in England and Wales, anyway), well known companies who have found their historic claims re employment status have been rejected include Pimlico Plumbers and, obviously, Uber.

These things may still be different in the largely Toryless zones north of the border.

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