Existing contracts and the new IR35 public sector rules
Changes to the IR35 rules relating to the supply of contractors in the public sector will apply from 6 April 2017, meaning that, where IR35 applies, a recruiter will be responsible for accounting to HMRC for PAYE and NICs, including employers NICs, on payments it makes to a personal service company. Whilst there are a […]
Lawspeed launch fixed price Agency Fee Recovery service
Recruiters often find that they have nowhere to go for help with navigating the contractual and legal minefield of fee recovery, with the result that some clients think that they can simply ignore or refuse to pay agency fees. As a response to growing concerns from recruitment agencies, Lawspeed has developed a fixed price Agency […]
Rumour of change to proposed IR35 public sector liability rules scotched
There is much concern about the new public sector IR35 rules, which are proposed to apply from 6th April 2017, for a host of reasons. One such reason is that where an agency or third party is to be the fee payer, there is no provision for the hirer to be liable if the fee […]
Ignore modern slavery compliance at your peril
As we warned some time ago, proposed changes in the law mean that even recruitment agencies with modest turnovers could now be affected by the modern slavery legislation (click here for previous article). The modern slavery reporting obligation currently only applies to businesses with a UK turnover in excess of £36m. Any requirement involving turnover […]
HMRC and the online tool- Have they painted themselves into a corner?
The idea of ‘painting a picture’ in order to make a well-rounded assessment of employment status is a widely acknowledged one. However in light of the more ‘mechanical’ approach soon to be taken by HMRC with regards to arguably one of the most nuanced tests, IR35, a recent case reiterates again the need to make […]
ARC meets HMRC over IR35 online tool
On 6th January, representatives of the Association of Recruitment Consultancies (ARC) attended a meeting with HMRC officials to discuss the proposed new public sector IR35 rules and to comment on the latest version of HMRC’s planned new online tool. “The meeting, which was attended by a number of large agencies and some public sector representatives, […]
Recruiter fined for flouting Conduct Regulations
A stark reminder was handed down recently by the courts – comply with the legislation or face the consequences! The director of Whites Recruitment International pleaded guilty to eight charges contrary to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations) for failing to supply workers with the necessary paperwork and for […]
ARC announces conference on Public Sector IR35 and the Apprenticeship Levy
The conference ‘Panic, Penalty or Progress?’ is being held on 9th February 2017 in London at a time when the recruitment and contracting sector faces of some of the most radical changes to affect the industry in recent years. It will bring together keynote speakers and recruitment law experts to explore the challenges facing hirers […]
Negative publicity over AWR ‘breach’
Agencies that do not fully meet their obligations under the Agency Workers Regulations 2010 (‘AWR’) risk immeasurable damage to their reputations. However, as public awareness of the legislation increases, employers may face negative media attention, even when compliant. The danger was highlighted in the recent Guardian article on the practices of the internet retailer ASOS. […]
Statutory employment payments to rise in 2017
Last week the government announced new rates for statutory employment payments, state pensions and most other benefits. The current weekly rate of statutory adoption, maternity, paternity and shared parental pay will rise from £139.58 to £140.98. Statutory sick pay will also rise from £88.45 to £89.35 a week. The annual increase in payment rates takes […]