Question Author
I was a Board Director and after the removal of our MD I was asked if I would 'look after' the organisation for 3 months - I was given the choice to either invoice the organisation through my own Ltd Company or be paid via PAYE - I chose to invoice through my Company. The Chairman of the tribunal decided that as an experienced business woman, I set this arrangement up for the fiscal advantages - I absolutely did not 'set this up' and, according to the IR - as a Board Member taking over the role of MD I automatically became an office holder and therefore should have not been given the choice by the organisation, they should have paid me via PAYE from day 1 and as the employer, it was their responsibility to determine my status for payment not mine - therefore my argument is that both parties are wrong because we all should have known that this was the case.
Thank you for your time, I really appreciate it.