PCG LEGAL FUND Deadline 20 Jan.
URGENT. ACT NOW to support the LEGAL CHALLENGE
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The Professional Contractors Group has announced it will
continue its fight against the unfairness of IR35 with every
possible tool available to it - this includes the legal,
political and negotiating process.
In December 2001, the Court of Appeal found against the
PCG in its judicial review to try to show that IR35 was,
itself, an illegal measure. On that day - and despite some
unqualified comments by some observers that the fight was
over - the PCG made it clear that it would be continuing.
In the PCG's last newsletter we outlined the options and
likely costs of pursuing each option. We asked members to
commit to raise £700,000 (£700,000 pledged of which £350,000
paid by 20 January) to continue a two-pronged legal campaign
against IR35. The first £350,000 will be used to drive forward
case law - to replace the uncertain and outdated tests which
contractors currently have to meet to prove they are in
business, with tests more relevant to the 21st century style
of business in the knowledge-based economy. The second £350,000
will be used to appeal the judicial review decision - to
the House of Lords and all the way to Europe if necessary
to try to have IR35 removed from the Statute Books as an
illegal measure.
In the first two days, PCG members pledged nearly £100,000.
This newsletter is to remind those who haven't yet contributed
but who are considering pledging and paying to do so as
soon as possible. On January 21, 2002, we have to inform
the courts if we plan to go ahead with the JR or close off
that route. With £700,000 pledged, our answer is to proceed
to the House of Lords and Europe - without that amount,
the legal effort will be focused on the case law and we
will abandon the judicial review.
Gareth Williams, PCG's Deputy Chairman, has produced a
detailed briefing paper about the case law; the judicial
review; the strategy and the future. It can be accesses
on the website here and is being 'snail mailed' to every
PCG member. https://www.pcgroup.org.uk/members/resources/case_law_briefing.pdf
However, time is running out to make sure your contribution
counts in the decision-making process.
1. Don't hesitate a quick and striking response is needed.
2. Further information about paying is available here:
https://www.pcgroup.org.uk/members/legal/legalpledge.html
3. Pledge and pay online by credit card: https://www.pcgroup.org.uk/scripts/members/pledge/pledge.pl
4. Send a cheque made payable to 'PCG Ltd' with 'legal
fund' and your PCG username written on the back to:
PCG Ltd (Legal Fund)
Building 2
Shamrock Quay
Southampton
SO14 5QL
5. You can also pay by bank transfer. *Note* you MUST give
your username as a reference for us to supply a receipt.
PCG legal fund account details:
Sort code; 20-79-29
Account no; 30312150
Account name: PCG Ltd
Full details of transfer at
https://www.pcgroup.org.uk/members/legal/legalpledge.html
This will be a final decision for PCG - case law or case
law and judicial review. Members can follow the progress
of the fund and keep up with current information and news
on the member's section of the site and within the discussion
forums.
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PCG newsletter 03/02
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This newsletter is published by the Professional Contractors
Group. Please feel free to circulate the newsletter to other
independent contractors who you know, and who may be interested
in joining the PCG. Some links in the newsletter will take
you into the password-protected members' area of the PCG
website. If you have forgotten your password, contact https://www.pcgroup.org.uk/scripts/public/access/form.pl
To view the Forum links in this newsletter, you must
be first logged into the Forum. Further details available
at https://www.pcgroup.org.uk/members/discussion_forum.html
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