Author: Glenn

Mr. Aslam, a former Metroline employee, applied to another bus company on 13 April 2019, disclosing that he suffered from partial hearing loss, depression, anxiety, insomnia and stress, and was interviewed on 14 May 2019. He disclosed that he had been dismissed by his former employer on the grounds of capability and was actively pursuing a tribunal claim.

He was conditionally offered a role and attended induction, although the offer was subsequently withdrawn, and no reference had been obtained from Metroline despite numerous requests. Moreover, he was not allowed to work shifts before he attended induction, while two other candidates were permitted to do so. During the induction process, the claimant emailed the respondent to enquire whether he was being treated differently from the other candidates for the job because of his race. This, coupled with the tribunal claim, had led to a withdrawal of the offer on 20 June 2019. 

The claimant claimed direct race discrimination and victimisation after he had informed the respondent about a tribunal claim against Metroline. The Employment Tribunal found that the job offer had been withdrawn because the respondent believed the claimant was likely to be protected under the Equality Act 2010, Section 27(1)(b) and upheld the claimant’s victimisation claim, although it subsequently reversed its judgement and dismissed the claim. The claimant appealed and the original judgement was reinstated. 

The judgement serves as a clear warning to employers, as withdrawing a job offer or taking other detrimental action based on a person's history of bringing claims, or a perceived likelihood that they may bring one in the future, can itself constitute an act of victimisation under the Equality Act. Employers should tread carefully before weighing pending tribunal cases in their decisions to make or withdraw formal offers of employment.

Every business has a duty to pay tax, whether that is Corporation Tax, VAT, PAYE, or personal tax liabilities for the owners. While these payments are predictable, many businesses still find themselves short of cash when the due dates arrive. One way to reduce this risk is to create a cash deposit reserve specifically set aside to cover past and current tax liabilities.

The idea is simple. Each time profits are made, or taxable income is earned, a proportion of cash is transferred into a separate bank account. This money is not touched for day-to-day trading but held back until HMRC requires payment. By treating tax as an ongoing expense rather than an occasional shock, businesses can avoid last-minute scrambles to find funds.

There are several benefits. First, a reserve provides peace of mind. Business owners know that when the tax bill lands, the money is ready and waiting. This reduces stress and allows management to focus on running and growing the business.

Second, a tax reserve supports cash flow planning. By separating tax money from working capital, it becomes clearer how much is genuinely available for wages, suppliers, or investment. Mixing tax liabilities with general funds often leads to overspending and unnecessary borrowing.

Third, building up a reserve shows financial discipline. It reassures banks, investors, and other stakeholders that the business takes its responsibilities seriously and manages risk sensibly.

Even small, regular transfers can make a big difference. By keeping tax reserves in a deposit account, businesses may also earn some interest before payments fall due.

In short, creating a tax reserve is a practical and prudent step. It reduces surprises, improves cash flow visibility and ensures that tax obligations are met without disrupting business operations.

Working capital is a simple but powerful measure of a business’s financial health. It is the difference between current assets and current liabilities. In other words, it shows what is left when a business’s short-term debts are taken away from its short-term resources such as cash, stock and money owed by customers.

If the result is positive, the business has money available to cover day-to-day operations. If it is negative, the business may struggle to meet upcoming bills or need to rely on borrowing.

Why is working capital so important? First, it gives a clear picture of liquidity. A profitable business can still fail if it runs out of cash to pay suppliers, wages, or rent. By keeping a close eye on working capital, owners can see whether they have enough resources to keep the business running smoothly.

Second, working capital affects flexibility. A business with strong working capital can take opportunities such as bulk-buying stock at a discount or investing in new projects. A business with weak working capital may be forced to delay decisions or turn down growth opportunities because it cannot afford the risk.

Third, lenders and investors often look at working capital when deciding whether to support a business. A healthy balance suggests stability and good management, while a weak position may raise concerns.

Improving working capital does not always mean cutting costs. It can involve speeding up customer payments, negotiating longer terms with suppliers, or keeping a closer watch on stock levels. Even small changes can make a big difference to cash flow.

In short, working capital is about making sure a business can meet today’s needs while staying ready for tomorrow’s opportunities.

Thinking of gifting income to a spouse or partner? HMRC’s settlements rules may still tax it as your own.

The settlements legislation is contained in s.624 ITTOIA 2005. The legislation seeks to ensure that where a settlor has retained an interest in property in a settlement then the income arising is treated as the settlor’s income for all tax purposes. A settlor can be said to have retained an interest if the property or income may be applied for the benefit of the settlor, a spouse or civil partner.

In general, the settlements legislation can apply where an individual enters into an arrangement to divert income to someone else and in the process, tax is saved.

These arrangements must be:

• bounteous, or
• not commercial, or
• not at arm’s length, or
• in the case of a gift between spouses or civil partners, wholly or substantially a right to income.

However, there are a number of everyday scenarios where the settlements legislation does not apply. In fact, after much case law in this area, HMRC has confirmed that if there is no 'bounty' if the gift to a spouse or civil partner is an outright gift which is not wholly, or substantially, a right to income, then the legislation will not apply.

Not sure if a business cost is deductible? HMRC’s ‘wholly and exclusively’ rule is the key test.

When deciding whether an expense is deductible or not it is important to bear in mind that the expenditure must be incurred wholly and exclusively for the purposes of your trade or employment. This is a difficult starting point as there is often a fine line to thread between deciding whether an expense meets this ‘wholly and exclusively’ rule.

In general, HMRC takes a slightly more relaxed view that a strict reading of the legislation would suggest. HMRC’s own internal manuals offers advice to HMRC inspectors to exercise care when applying the ‘wholly and exclusively’ test. The advice states that where there is an incidental benefit that does not, of itself, mean that the expenditure is disallowed.

The following example helps clarify this point. A self-employed consulting engineer may travel to exotic locations to advise on projects. The travel and the exotic locations may be benefits but where there was no private purpose they are incidental to the carrying on of the profession and the cost is allowable.

It is also possible to apportion part of an expense where necessary. For example, when considering the running costs of a car used partly for the purposes of the trade and partly for other purposes. HMRC’s position is that the costs associated with the business use of the car would be deductible.