> This isn't really a problem with IR35 in principle though.
It is, because the situation would have not happened before the changes. Basically now, thanks to the legislation, the client has the power to force a legitimate business into employment. If you are not a skilled worker you don't have any position to bargain, so it's umbrella or nothing.
> it can't be normal for them to go after someone who honestly believed they'd been properly employed and had all of the deductions properly collected just because someone completely different has ripped off HMRC?
It is their default behaviour unfortunately. It is cheaper to go after the worker, as ultimately it is their personal tax and they have no money to defend themselves in court. "You should have chosen the umbrella more wisely or you should have taken the work elsewhere". This is even on their official guidance pages, that the worker is responsible for their tax even if someone up the chain pulls a scam.
> I'm surprised the agency seem to be walking away untouched though if they set up the deal and actively pushed your friend towards a dodgy umbrella employer.
You would have to prove that they knew the umbrella is going to pull the scam and that they acted in bad faith, which is probably not possible. Having a PSL is also legal and the worker could always have walked away. They could also ask if she has logged in to the HMRC portal to see if her tax was being paid etc. and that is her fault for not taking due dilligence.
> HMRC do make mistakes but do also want to get the right money from the right people so if something has gone wrong here it's worth following up.
That's not true. For instance, read about the Loan Charge scandal.
HMRC is pretending they are doing anything about it - https://www.gov.uk/guidance/mini-umbrella-company-fraud - they post some examples there.
> HMRC has deregistered tens of thousands of mini umbrella companies who they believed were involved in one or both of the following:
>exploiting the VAT Flat Rate scheme
>exploiting Employment Allowance
That's just two things out of many they should be focusing on and imagine they have already "deregistered" _tens_of_thousands_ of mini umbrellas.
Add to that the government is not interested in any regulation of umbrellas and any concerns about IR35 are dismissed by both government and HMRC.