Shorter Reads

Should employers adapt their social media policies to include contractors and freelancers?

Head of Employment Tania Goodman uses the recent Gary Lineker debacle to highlight the importance of identifying employee status.

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Published 14 March 2023

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Identifying the correct status is a legal test based on fact and a number of criteria rather than a choice for the individual or the organisation for which they are providing services.

One of the arguments against restricting Gary Lineker’s social media activity is that he’s a freelancer, and therefore the BBC does not have the legal right to ‘control’ his activities outside the specific service he provides as a sports presenter. This is a persuasive argument as too much control begs the question as to whether he is self-employed or more likely a ‘worker’ or an ‘employee’ in which case there are potential tax consequences (IR35). It appears that HMRC thinks he’s employed and is currently pursuing him for almost £5m on income received between 2013 and 2018.

On a brighter note for Gary, if deemed to be a worker/employee then he will acquire certain employment rights, benefits and protections but presumably the adverse tax treatment will be of greater concern.

Visit our Employment lawyers page to find out more about IR35 and employment status.

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Shorter Reads

Should employers adapt their social media policies to include contractors and freelancers?

Head of Employment Tania Goodman uses the recent Gary Lineker debacle to highlight the importance of identifying employee status.

Published 14 March 2023

Associated sectors / services

  • Employment law for employers

Authors

Identifying the correct status is a legal test based on fact and a number of criteria rather than a choice for the individual or the organisation for which they are providing services.

One of the arguments against restricting Gary Lineker’s social media activity is that he’s a freelancer, and therefore the BBC does not have the legal right to ‘control’ his activities outside the specific service he provides as a sports presenter. This is a persuasive argument as too much control begs the question as to whether he is self-employed or more likely a ‘worker’ or an ‘employee’ in which case there are potential tax consequences (IR35). It appears that HMRC thinks he’s employed and is currently pursuing him for almost £5m on income received between 2013 and 2018.

On a brighter note for Gary, if deemed to be a worker/employee then he will acquire certain employment rights, benefits and protections but presumably the adverse tax treatment will be of greater concern.

Visit our Employment lawyers page to find out more about IR35 and employment status.

Associated sectors / services

  • Employment law for employers

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