Lineker wins the case HMRC brought against him in a court of Law. I take that to mean he was able to prove that he really is an independent contractor.
I have no knowledge of AF's clients situation at the time so can't compare.
As AF appears to be comparing, does he know the intricacies of GL's reasoning?
It's an interesting one MA. Several other BBC reporters / presenters recently lost cases to HMRC over IR 35, yet GL has won his. My understanding was that the BBC have fairly standardized contracts for freelancers which mirror a lot, but not all, of the terms and conditions for employees.
Seems likely that GL either has clauses that differentiate his contract from that of those other freelancers who have lost to HMRC (and also, by inference, employees). This differentiation may also be why BBC couldn't gag him on Twitter? I don't know but it's intriguing.
However when all's said and done I don't see it as pure happenstance that the twitterstorm occurred at the same time as the HMRC verdict was being finalized: with the interpretation of the contracts being central to both issues.
I guess, from a tax strategy perspective, I have to say "well played, Sir". Or rather, well played to the crafty tax lawyers and accountants representing him - a sentiment seemingly (and counter intuitively) shared by rA above, in something of a vault face.
Quite how you think a legal case on tax technicalities can be influenced by what a person tweets is puzzling. I can see that the fact that the BBC having to back down as it had no power to sanction him might add weight to the fact that he is a free lance rather than an employee.
But in my experience these cases rest on the nitty gritty of the contract and the basis on which a person works for an organisation. Much of the detail of HMRC claim will have been discussed long ago and the decision being considered for many weeks prior to his tweet.
Its just possible, certainly given his past record of comments, that he tweeted a genuine personal observation and was actually surprised that the government and the right wing cancel culture oppressing media reaction was so over the top!!
Last edited by swaledale; 29-03-2023 at 10:28 AM.
I'm surprised you think that's the case, tax cases in my experience focus on a lot of detail and the submissions and arguments would have been finalised long before Lineker tweeted. You seem to be suggesting that the judge considering the arguments of the case would be influenced at that stage by a tweet?
I'd be very surprised if it had any effect on the final outcome, in fact to suggest it might is a little naïve IMO.
No, you’re quite right, they didn’t. But it’s a bit of a silly, and perhaps convenient, distraction now isn’t it?
I mean...does it really matter how a freelance sports journalist (you were quite right, GP) behaves compared with a former and discredited PM?
We seem to be losing track of the important things, but my point was...in terms of role models within their various professions...pro-footballer/sports pundit v political journalist/politician there would appear to only be one winner in the ‘role model’ stakes.
Worth thinking about that maybe, especially in the light of all the cr@p that was written about GL, not least on here, two or three weeks ago.
Methinks you miss the point, again. Purposely?
You were pretty anti Lineker in that discussion. He seems to have the benefit of at least any doubt on his side and possibly has right on his side as well (or something in between). rA made a comparison. That's not Boris bashing IMO.