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PD & MJ Ltd v HMRC: Phil Thompson – football pundit

16 January 2024 / Rebecca Seeley Harris
Issue: 4920 / Categories: Comment & Analysis , IR35 , ITEPA 2003 , Business
153631
Contract terms

Key points

  • The key dispute in PD & MJ Ltd was whether the IR35 intermediaries legislation applied and whether Phil Thompson (had he supplied his services directly to Sky) would have been an employee of Sky.
  • While Sky had final editorial control Mr Thompson as a pundit was effectively left to give his own opinions.
  • In 2020 Mr Thompson became a formal employee of Sky and he said that there was no difference in the services he provided after he became an employee.
  • The tribunal followed the three-stage test in Atholl House followed by the three-stage test in Ready Mixed Concrete.
  • The author argues that both Parry and PD & MJ Ltd were similar and regardless of the principle of comity were likely to be a contract of employment.
  • Can the Supreme Court simplify the employment status test in its much-awaited judgment in PGMOL?

The...

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