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Tipping the scales

10 August 2010 / Anne Redston
Issue: 4267 / Categories: Comment & Analysis , Employees , Income Tax
ANNE REDSTON has advice for those who don’t want to become employees by mistake

KEY POINTS

  • Weight Watchers lost at First-tier but has appealed.
  • Problem of incomplete contractual arrangements.
  • Leaders paid assistants to help them: inconsistent with employment?
  • Leaders could benefit by selling more product on commission.

The line between employment and self-employment was recently re-examined in Weight Watchers (UK) Ltd and others v HMRC [2010] UKFTT 54.

As expected this case discussed mutuality control and substitution but also contained a cautionary tale about the contractual documentation together with recommendations about the rights of individuals caught in the battle between engagers and HMRC.

Weight Watchers lost before the First-tier Tribunal but has appealed. This article reviews the decision and considers the taxpayer’s chances of success at the next stage.

Who’s who

Each week there are around 6 000 Weight Watchers (WW) meetings in the UK run...

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