Kaye Adams (Loose Women and BBC Presenter) has successfully appealed a £124,000 tax bill from HMRC. Ms Adams Company, Atholl House Productions Limited, was sent a bill for her involvement with the Company and the BBC between March 2015 and March 2017. In doing so, her employment status was questioned.

In the case the Court of Appeal confirmed that correct principles to be used when applying the Ready Mixed Concreate (1967) test. In doing the court considered: mutuality of obligation between the parties, if personal service was required, whether the BBC had control over Ms Adams, and whether there were any other factors suggesting an employment relationship. In this case the latter test was of importance.

Ms Adams argued that she was not an employee but rather a freelance journalist who never regarded herself as an employee. She argued that she had control over, which calls to take, what questions to ask and what direction the programme should follow. Furthermore, Ms Adams had 20 years’ experience as a freelance journalist who worked for a number of corporations and had numerous sources of income.

Judge Beare, emphasised a stand back approach to consider the whole picture. In doing so Judge Beare held that the contract was one of service and there was no employer employee relationship.

https://assets.publishing.service.gov.uk/media/602fa8f6d3bf7f721b700f18/HMRC_v_Atholl_House_.pdf

Mr K Ferguson v Kintail Trustees Ltd and others

Mr Kenneth Ferguson has been successful in his claims for unfair dismissal and direct discrimination on the grounds of religious belief against The Robinson Trust.

Mr Ferguson had been employed as the CEO of The Robertson Trust for nearly 10 years when he was dismissed. Prior to his dismissal The Stirling Free Church, where Mr Ferguson was an elder, agreed to hire a premises owner by the Trust. However, when Shonaig MacPherson, chair of the charity, found out about the agreement she was angry due to Church’s views on gay marriage going against the Trust’s values. On 16 March the Trust wrote to Mr Ferguson informing him of his dismissal for performance related reasons despite Mr Ferguson receiving positive feedback during his 9 years in his role. At no point was Mr Ferguson informed that his performance was regarded as a disciplinary matter, nor was he issued with any warnings or a performance management process instigated.

The judgement can be found in the below link.

https://assets.publishing.service.gov.uk/media/6215f1d2e90e0710be035425/Mr_K_Ferguson_v_Kintail_Trustees_Limited_-_4103321.2020_-_Final.pdf

The Office of National Statistics released data confirming that in May 2022 24% of workers in the UK are utilising hybrid working, this is an increase of 11% from February 2022. The evidence suggest that the rates are similar between men, women, disabled and non-disabled employee and ethnic minority and white workers.

An improved home life balance was recorded by 78% of people who solely work from home or utilise hybrid working. 52% of people stated it was quicker to complete tasks, were 53% of people found that they had fewer distractions working from home.

However, it is clear that hybrid and home working is predominant in different section. The communications sector had 58.9% of home workers compared to retail at 9.2% and transport at 9.5%.

https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/bulletins/uklabourmarket/may2022