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After nearly eight years of IR35 legislation, perhaps it is useful to step back and ask the question where are we now with IR35?A place to start would be to study the legal judgements, but a closer inspection of these generally leads to confusion, as there are so many inconsistencies with them. There are also many unrecorded IR35 cases that never reach the courts for which the outcome is not in the public domain.To distil IR35 to its base level it all boils down to an employment status argument. The most significant case in this area is the Ready Mixed Concrete case of 1968 and it is worth revisiting this judgement before any discussion around IR35 takes place[Ready Mixed Concrete (South East) Ltd. v. Minister of Pensions and National Insurance [1968] 2 QB 497; [1968] 2 WLR 775]Mr Justice McKenna said:"I must now consider what is meant by a contract of service".A contract of service exists if the following three conditions are fulfilled:1. The servant agrees that in consideration of a wage or other remuneration he will provide his own work and skill in the performance of some service for his master;2. He agrees, expressly or impliedly, that in the performance of that service he...more
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