Contractor’s £22,000 Levy Appeal Fails Amidst System Criticisms
A Surrey-based contractor, MJL Construction Associates, has been ordered to pay nearly £22,000 after losing its appeal against the Construction Industry Training Board’s (CITB) levy system. The company disputed levies for 2021 and 2022, citing concerns over apprenticeship training quality and questioning the assessment of subcontractors.
Key Takeaways
- MJL Construction Associates was ordered to pay £21,913.27 in CITB levies.
- The contractor argued that subcontractors should be responsible for their own levy payments.
- The tribunal ruled that the company was correctly assessed under current legislation.
The Legal Challenge
MJL Construction Associates took the CITB to an employment tribunal, arguing that the levy system was failing. Director Leslie Blay contended that there was a “lack of face-to-face apprenticeship training courses,” questioning their standard, distance, and perceived lack of support. He also disputed the assessment, believing that subcontractors, who were also registered with the CITB, should be liable for the levy themselves.
Blay acknowledged that his only legally viable ground for appeal was the CITB’s assessment of his firm. However, he expressed a desire to critique the broader system, which he felt was not functioning effectively. He claimed that knowledge of the levy was “patchy” and that some eligible companies were not paying, leading to a disproportionate burden on others.
CITB Levy Explained
All firms with employees spending more than half their time on construction activities are mandated to pay the CITB levy. This funding is crucial for developing training within the industry, particularly benefiting smaller enterprises. Contractors are also liable for the levy on payments made to “net paid” subcontractors.
Tribunal’s Verdict
Judge Samantha Moore stated that legislation clearly obliged MJL Construction Associates to pay the levy concerning net-paid bona fide contractors. She clarified that this was not a case of the appellant paying on behalf of others, as many subcontractors should also be liable for their own levies. While acknowledging Blay’s concerns about the system’s fairness, the judge ruled that such arguments held no legal standing in this jurisdiction. Consequently, the tribunal found MJL had been correctly assessed and ordered the payment of £21,913.27.
CITB’s Response
A CITB spokesperson confirmed that MJL Construction Associates had exercised its statutory right to appeal. The spokesperson reiterated that the law requires registered employers to declare and be assessed on all payments made to net CIS subcontractors, irrespective of the subcontractor’s own levy status. This can indeed lead to both parties being assessed on the same work, a practice deemed lawful.
Sources
- Contractor loses £22k appeal over ‘failing’ CITB levy system, Construction News.

