Roger L M Pratt v Commissioners for Her Majesty's Revenue and Customs

Decision date: 8 April 2010

Neutral citation: [2010] UKFTT 151 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

Mr Pratt appealed HMRC's closure notice treating a £30,000 payment as taxable. The Tribunal found he was not employed by Merrill Lynch but was engaged under a fixed‑term contract with Hays which ended by effluxion of time, and that the £30,000 was a contractual bonus payable under the assignment, not an exempt redundancy/termination payment. The appeal was dismissed and the payment upheld as taxable.

Ratio decidendi

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AI confidence in this ratio decidendi summary: high

Where contemporaneous contractual documents and correspondence show a worker was engaged under a contract for services with an employment business and the client disclaims employment, the tribunal may find no employment relationship with the client. Payments payable under the terms of a fixed‑term assignment contract are treated as contractual remuneration for that assignment and, if otherwise taxable, do not qualify as exempt redundancy payments under the relevant Chapter.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal observed that employment‑style indicia (e.g. ID cards, training, conduct guidelines) are not necessarily determinative of employment status where contractual documentation indicates otherwise, and that withdrawal of an Employment Tribunal claim after a jurisdictional challenge may be a relevant, though not conclusive, factor in assessing the parties' positions.