The highest court in the land established in the Rangers vs HMRC case that the arrangements were not legal. However, the Government had no legal right to pursue employees for unpaid tax that was the employer’s responsibility. Regardless of this the HMRC continue to claim the tax is the individual’s responsibility despite having no judicial, legislative or practical support for this.
HMRC are complicit in these arrangements, as by overlooking the miss-selling of the umbrella schemes, it allowed them to continue for decades, and then ignoring the UK Government’s duty of care and tax payers’ statutory protections.