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HR news briefing News and analysis what September/October means for you Sky Sports pundit ordered to pay £700k in IR35 loss Sky Sports pundit Stuart Barnes was a “disguised employee” and should have been classed as working inside of IR35 leg islation, a tribunal has ruled, ordering him to pay £700,000 to HMRC. The former rugby player lost his six-year tribunal a er HMRC ruled that he should have been classed as an employee due to his arrangements with Sky Sports. Seb Maley, CEO of IR35 compliance firm Qdos, said: “Barnes was deemed to have been wrongly working outside of IR35 for a number of reasons, including not having the right to provide a substitute, which is one of the hallmarks of an inside IR35 engagement. Looked at differently, this is reflective of an employment relationship. Murder suspect unfairly dismissed over reputation risk, tribunal rules “There was also the exclusivity that Sky held over Barnes. Again, this is much more akin to an employment relationship as opposed to self-employment.” It’s time to transform the HR business partner role Analyst Josh Bersin explores how to equip HR business partners for success. A first-tier tribunal previously decided that Barnes had been rightly classified under IR35 as a freelancer, however HMRC was able to successfully appeal the case as its representatives argued that the tribunal had not considered relevant factors in Barnes’ working arrangements a t S k y. A care assistant who was charged with murder was unfairly dismissed, a tribunal found. Her employer had not properly investigated whether the charges would cause damage to its reputation. Jacqueline Difolco was arrested and charged with murder, along with two other defendants, in October 2022. The Daily Record newspaper reported the incident, which prompted employer concerns about a breakdown of trust and confidence, and potential reputational damage. Difolco was dismissed but the tribunal ruled this was unfair as the company did not properly investigate whether the charges could reasonably cause reputational damage to the organisation. How should HR respond to UK riots? Consultant Shakil Butt suggests practical steps that employers can take to respond to violent behaviour and racist sentiment. HR must be ready for the ‘big shift’ Sylvain Grande, chief product officer for PayFit, examines how HR can prepare for mandatory payrolling y t’ ef or w or ng benefits. ts. Pam Loch, founder of the law firm Loch Associates, commented: “This case highlights the necessity of undertaking a fair and reasonable disciplinary process, even when there are ongoing criminal proceedings. Employers should avoid jumping to conclusions, especially in the absence of supporting evidence, and they should pause before assuming that there is an automatic risk to reputation.” hrmagazine.co.uk Sep September/October 2024 HR 7

HR news briefing News and analysis what September/October means for you Sky Sports pundit ordered to pay £700k in IR35 loss

Sky Sports pundit Stuart Barnes was a “disguised employee” and should have been classed as working inside of IR35 leg islation, a tribunal has ruled, ordering him to pay £700,000 to HMRC.

The former rugby player lost his six-year tribunal a er HMRC ruled that he should have been classed as an employee due to his arrangements with Sky Sports.

Seb Maley, CEO of IR35 compliance firm Qdos, said: “Barnes was deemed to have been wrongly working outside of IR35 for a number of reasons, including not having the right to provide a substitute, which is one of the hallmarks of an inside IR35 engagement. Looked at differently, this is reflective of an employment relationship.

Murder suspect unfairly dismissed over reputation risk, tribunal rules

“There was also the exclusivity that Sky held over Barnes. Again, this is much more akin to an employment relationship as opposed to self-employment.”

It’s time to transform the HR business partner role Analyst Josh Bersin explores how to equip

HR business partners for success.

A first-tier tribunal previously decided that Barnes had been rightly classified under IR35 as a freelancer, however HMRC was able to successfully appeal the case as its representatives argued that the tribunal had not considered relevant factors in Barnes’ working arrangements a t S k y.

A care assistant who was charged with murder was unfairly dismissed, a tribunal found. Her employer had not properly investigated whether the charges would cause damage to its reputation.

Jacqueline Difolco was arrested and charged with murder, along with two other defendants, in October 2022. The Daily Record newspaper reported the incident, which prompted employer concerns about a breakdown of trust and confidence, and potential reputational damage. Difolco was dismissed but the tribunal ruled this was unfair as the company did not properly investigate whether the charges could reasonably cause reputational damage to the organisation.

How should HR respond to UK riots? Consultant Shakil Butt suggests practical steps that employers can take to respond to violent behaviour and racist sentiment.

HR must be ready for the ‘big shift’ Sylvain Grande, chief product officer for PayFit, examines how

HR can prepare for mandatory payrolling y t’ ef or w or ng benefits.

ts.

Pam Loch, founder of the law firm Loch Associates, commented: “This case highlights the necessity of undertaking a fair and reasonable disciplinary process, even when there are ongoing criminal proceedings. Employers should avoid jumping to conclusions, especially in the absence of supporting evidence, and they should pause before assuming that there is an automatic risk to reputation.”

hrmagazine.co.uk

Sep

September/October 2024 HR 7

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