There has been a great deal of dicussion over the case of Mr O'Murphy, who worked for Hewlett Packard for six years and was still not seen as an employee of the company.
The Employment Tribunal found in favour of HP, and said that he was in fact not an employee as no real contract had existed between the parties, although a confidentialty agreement did exist between the parties which could possibly be room for appeal.
The question we ask though is, Has anything been changed or has another contractor merely been proved wrong? The case has highlighted the problems of IR35 again, but has once again failde to satisfy the courts, and that is where IR35 really needs to start winning!
We have the appeal against the Judicial Review fast approaching and it seems we are again hoping for a victory in the courts, are we not holding on to false hopes?
We would like to get some readers views on the subject and get a feel of what the contractors out there feel the next step should be.