NHS Doctor’s IR35 Battle
An NHS Doctor’s IR35 battle against HMRC and the Government will be fought shortly. Dr George Mantides, a locum urologist, is appealing a verdict given against him by an employment tribunal. This will affect all contractors. So, Dr Mantides, who defended himself last time is asking contractors to contribute to his appeal. Dr Mantides is a Consultant Urologist in the NHS.
Contractors Questions on NHS Doctor’s IR35 Battle
- Why Does the NHS locum doctor want to appeal his IR35 defeat against HMRC?
- How important would a win for Dr Mantides be for all contractors?
- How does Dr Mantides plan to defeat HMRC at the Tribunal?
- How much does Dr Mantides need to raise from Crowdfunding?
- What would a Win at the Upper Tribunal mean to contractors?
- How can you help the NHS Doctor’s IR35 battle?
Why Does the NHS Locum Doctor Want to Appeal His IR35 Defeat Against HMRC
Last time he defended himself. He won one of his cases but lost another. He wants to take the one he lost to appeal.
He said “Together with the Independent Health Professions Associationn (IHPA) we are raising funds in order to instruct a tax barrister to challenge the unfair false employment of myself and other healthcare professionals.
I initially self-represented in the First-Tier Tribunal (FTT) against HMRC’s legal representative, but fear that I may not have the expertise nor resources to go up against the full might of HMRC at Upper Tribunal. Please contribute and join this critical challenge and share this page with your colleagues, friends and family. ”
How Important Would a Win for Dr Mantides Be for All Contractors
At the level he is appealing this would become case law for all contractors So it is crucial he wins for everyone.
It seems that HMRC loses 80% of cases it fights against contractors at the lower tribunal. And that’s even though they can choose which cases to fight out of hundreds of thousands of contractors who operate via personal service companies.
However, they were all at first tier tribunal level and so don’t create a precedent.
At the level he is appealing this would because law and create a precedent for all contractors.
Last time round he defended himself and still won one of the two cases – which HMRC are appealing.
How Does Dr Mantides Plan to Defeat HMRC at the Tribunal
Now he wants to hire a barrister highly experienced in employment law.
Said Dr Mantides “I have been given permission to appeal to the Upper Tribunal. HMRC are bringing their top legal team for this. We need a tax barrister who is tried and tested and have instructed Michael Paulin, who has vast experience at this, and was responsible for the NHS Improvement U-turn when they tried to issue blanket determinations of false employment on independent healthcare professionals.”
As you can expect, this won’t come cheap. However, it is crucial that Dr Mantides wins this battle for all contractors.
How Much Does Dr Mantides Need to Raise form Crowdfunding
He set out to raise £20,000 and to have a stretch target of £60,000 as he doesn’t want to run out of money for the case in the middle of it. He has so far raised £21,765 at the time of writing but has become a bit stuck with only days left for his crowdfunding appeal. HMRC could fight hard so that he runs out of money.
What Would a Win at the Upper Tribunal Mean to Contractors
Said Dr Mantides “A win at Upper Tribunal would set binding precedent and not only positively affect me, but all other independent healthcare professionals, independent non-healthcare professionals and patients alike. If you’re a fellow independent healthcare professional, this is a good chance to expose and stop this horrendous injustice.”
Indeed it would affect all contractors.
How Can You Help the NHS Doctor’s IR35 Battle
If 2,000 contractors gave £20 each he would have all the needs to fight the case. Most contractors wouldn’t even notcie £20 missing. HMRC are likely to take the case to the High Court if they lose this case which would be binding on all future cases. This NHS doctor’s IR35 battle is being fought for all freelancers.
To learn more, or contribute, just click on Dr Mantides IR35 battle for all contractors
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