11-03-2023, 05:16 PM
(11-03-2023, 05:02 PM)Stockland Hillman Wrote:(11-03-2023, 04:41 PM)Adsales Wrote: That is all incorrect I’m afraid. A freelancer, i.e. a person who provides services to a broadcaster, be that as a sole trader or via a limited company, can only ever be under the control of the client whilst providing those services. In this case while on air or providing other services for which he is being paid.Wrong, I'm afraid in every respect
Anything else by default pushes the freelancer into IR-35, which the BBC in Lineker’s case has argued he isn’t.
You cannot have your cake and eat it.
Companies and suppliers usually have contracts which cover all issues of conduct where the conduct may affect the position or reputation of the contracting party.
It's a basic tenet of business, used widely where outsourcing or franchising takes place to protect the master organisations reputation. They also cover post engagement behavior
In law it's actually easier to control a contractor than a staffer
Wrong, for the simple reason that you’re confusing contractual provisions on reputational damage with day-to-day control. The former doesn’t touch IR-35. The second very much.
The BBC argues he breached impartiality rules. He is, as long as he is not on air or making comments on behalf of the BBC, not subject to those rules. Just as Andrew Neill and Chris Packham were/are not.
But I’ll leave that there as it would derail the thread.