Marlen Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 24 June 2011

Neutral citation: [2011] UKFTT 411 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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

This appeal concerned whether Mr Hughes, supplied to JCB via his company Marlen Ltd and an agency, was an employee of JCB for IR35 purposes. The First-tier Tribunal found there was no mutuality of obligation and the degree of control was insufficient for employment, and on balance other factors were neutral or slightly pointed to self‑employment. The Tribunal allowed Marlen Ltd's appeal and did not uphold the IR35 determinations for the periods considered.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

The Tribunal's dispositive reasoning was that where an engagement can be and in practice was terminated or unpaid mid‑term, and the client exercised insufficient day‑to‑day control over the worker, there is no mutuality of obligation and no contract of employment; accordingly the relationship should be treated as a contract for services for IR35 purposes.

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 judgment suggested, without forming part of the decisive ratio, that provision of some workplace equipment and a degree of integration into a team are neutral indicators and do not alone establish employee status, and that a contractual right of substitution not exercised and effectively controlled by the agency/client may carry limited weight.