IR35 Post-Implementation Compliance for Employers: Essential Checklists, Benchmarks & Case Studies
Time: 09:00 - 13:00 GMT (if you can't attend live, register to watch the recording)
Cost per attendee: £250 + VAT
Platform: Zoom - An encrypted zoom platform with password access. Click here for further information and to test access
On April 6th 2021, the most seismic change to employment law in decades took place in the UK; IR35 has finally happened, yet a recent survey discovered 52% of those affected had yet have their status assessed; meanwhile, 98% of contractors stated they would avoid working on contracts that placed them inside IR35 - no employer can afford to lose that many staff by being unprepared.
Drawing on our stellar track record of IR35 training and briefings, along with a pool of expert, by attending this event you can ensure you have:
- understood and implemented all the necessary changes, checklists and employee communications
- identified and consulted with all those who need to be assessed, including third parties
- renewed and redraft affected contracts
- made sure your future onboarding, contracts is compliant and avoid non-compliance penalties
- avoided the fate of public sector organisations which lost 59% of skilled contractors post IR35 April 2017
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Which functions will benefit from attending
- HR, Recruitment and Resourcing, Temporary & Agency Resourcing, Legal, Training, Compliance and Audit, Administration, Strategy, Policy, Operations, Line Managers and all Directors and staff with responsibilities within this area
Hear from
Schedule
Introduction to the day & ice-breaker
Elizabeth Smith
Director of Research , Business Forums International Ltd. (BFI)
Elizabeth is director of research and a founding co-director at Business Forums International. She is responsible for all programme content and writing, and researches current areas of interest for senior HR professionals in large organisations. BFI is the UK’s leading HR risk specialist conference and training provider, delivering key and timely information to over 3,000 delegates a year both through public and in-house training courses. Before founding BFI in 1996, Elizabeth specialised in researching corporate financial programmes in Asia and the Middle East, based in Dubai. She also worked in advertising and publishing in the Middle East and London. Elizabeth was educated in the West Indies, Saudi Arabia and Belgium before reading Modern Languages at Durham University. She is currently developing an online training course for line managers to raise awareness of menopause symptoms and ways that employers can work to make their workplaces more inclusive.
Industry trends and market implications: ensuring you have the full picture
Andy Chamberlain
Director of Policy , IPSE
Andy is responsible for IPSE’s policy work and has a special interest in labour market changes, employment status, IR35, Making Tax Digital and fair commercial terms for the self-employed. In 2015 he led IPSE’s successful campaign against proposals to restrict travel and subsistence tax relief for incorporated entities. Andy worked with EY to develop IPSE’s concept for a new corporate form – the Freelancer Limited Company – which would deliver clarity of legal and tax status for the smallest businesses, while also protecting revenue for the Exchequer. Since the onset of the coronavirus pandemic Andy has campaigned for financial support for the self-employed. IPSE was instrumental in setting up the Self-Employed Income Support Scheme (SEISS) and then went on to lobby for the inclusion of all self-employed in that scheme. In March 2021 the scheme was extended to include a further 600,000 individuals that were previously ineligible. More recently Andy led IPSE’s campaign against the off-payroll working (IR35) changes in the private sector. Although the changes did come in 2021, IPSE was able to delay the legislation and secure an exemption for small end-clients. IPSE is the largest association of independent professionals in Europe, representing over 16,000 freelancers, contractors and consultants from every sector of the economy. It’s a not-for-profit organisation, owned and run by its members.
Overview of industry trends and implications for UK contracting market
- Understanding the impact of IR35 on UK industry
- Brain drain and attrition - which industries will be most affected?
- Impact of COVID medium & long term
- market trends and analysis: how and what should you plan?
Best practice for incorporating IR35 employees into payroll systems
Clarke Bowles
Director of Strategic Sales , Parasol
Clarke is responsible for developing and supporting relationships with our key accounts across Parasol, Clearsky and First Freelance. Clarke has over 5 years' experience within the Optionis Group and a wealth of experience within the industry. He regularly hosts legislation events with the REC and agencies whilst supporting major end clients such as Disney, Apple and Sony.
- Bringing contractors onto payroll under the new employee status
- Determining responsibility for IR35 within your organisation - addressing overlap between HR, Compliance, and Payroll functions
- Developing a fair and compliant operating framework for your inside IR35 employees
- Overall cost implications
Assessments: Developing a robust and effective process
Susan Ball
Partner , RSM
Susan has over 30 years' experience working extensively in the employment tax, investigations and reward field. She has a breadth of experience in dealing with all aspects of PAYE and Social Security in the UK and overseas as well as the Construction Industry Scheme, employee benefits and expenses, compliance and employment status issues together with reward planning including salary sacrifice, from both an advisory and compliance point of view. Susan is an experienced presenter and writes regularly for a number of publications. She also regularly liaises with the HMRC policy team. Susan is the current Deputy President of the Chartered Institute of Taxation (CIOT) and sits on the employment taxes committee. She is a Fellow of CIOT and a member of ATT, as well as being an associate member of CIPP. Susan was included in the 2018, 2019 and 2020 Reward Strategy’s Reward 300 Hall of Fame and the Accountancy Age Financial Power List 2019.
- Developing and implementing robust assessment timetable to maintain compliance
- Managing undetermined outcomes
- Making the right decisions
- Understanding CEST and the CEST algorithm
Comfort break
Understanding the next steps: A road map for employers
Robert Salter
Director , Blick Rothenberg
Robert is an experienced accountant and tax advisor, having specialised in human capital taxes since he joined Price Waterhouse (now PwC) in 1994. Robert has also spent 8 years with EY and has been with Blick Rothenberg since 2016. During his career, Robert has provided support for the full range of human capital and employment taxes including: - IR35 and employment status reviews; - Voluntary disclosures and employment tax due diligence; - Support for companies with the tax affairs of their directors and non-executive directors; - International Assignments; - Termination and redundancy tax advice; - Compensation and benefit planning; and - International Social Security. Robert has been published in various professional magazines including Governance & Compliance, Tax Adviser and Accounting & Business and has been quoted in papers such as The Times and Daily Telegraph. Robert is also a member of ACCA’s International Tax Forum and sits on HMRC’s Employment and Expatriate Tax Forum and is also a member of CPA Ireland, The Chartered Governance Institute and the Association of Taxation Technicians. Robert has clients in a wide range of industries including banking, retail, the medical devices and pharma industries and construction. These include both UK HQ’d businesses and foreign companies with UK subsidiaries and branches. Robert also provides specialist guidance and advice to other professional advisors.
- Identifying and allocating resources
- Avoiding the mistakes made by the public sector: essential questions to ask
- Retaining and motivating contractors: essential considerations for employers
- How to ensure business-critical projects are properly resourced
- Applying IR35: pragmatism and compliance
Legal checklist and recent cases: essential compliance issues to consider
Rebecca Seeley Harris, LLB (Hons) LLM MSc
Employment Status, Off-payroll & IR35 Expert
Re Legal Consulting Ltd
Rebecca Seeley Harris, LLB (Hons) LLM MSc
Employment Status, Off-payroll & IR35 Expert , Re Legal Consulting Ltd
Rebecca is a leading expert and thought leader on employment status, off-payroll working and IR35 and is the author of CEST Explained. Recently she won the Contracting Industry Influencer of the Year 2023 and last year won the FSB Self-employed Sole Trader of the Year. She was also shortlisted for Outstanding Contribution to Taxation 2020-21 in the Tolley’s Taxation Awards for her campaigning work during the Covid pandemic. Rebecca set up her legal consultancy, Re Legal Consulting Ltd, when the Inland Revenue brought in the IR35 tax initiative some 23 years ago. Since then Rebecca has specialised on IR35, off-payroll working and the employment and tax status of the self-employed and personal service companies. She works with clients nationally and internationally, the private and the public sector, with representative organisations and government. Rebecca was seconded to the Office of Tax Simplification (an independent body of HM Treasury) as a Senior Policy Adviser to advise the government on employment and tax status. Reporting direct to the Chancellor, Rebecca was part of a small team of experts who drafted the Employment Status Review 2015 and the Small Company Taxation review [2016] leading on the taxation of nano companies and the self-employed. Rebecca developed the concept of SEPA, providing a vehicle to the self-employed to be able to protect the family home. Rebecca was also a representative on the Cross-Government Working Group on Employment Status and also published the review into the taxation of the Gig Economy. She is a member of the Tax Faculty of the ICAEW and is a consultant to the British Universities Finance Directors Group (BUFDG) and Urgent Health UK, amongst others. She has recently written a book called CEST Explained which, as the title suggests, explains HMRC’s digital tool Check Employment Status for Tax. Rebecca is often quoted in the press including the Financial Times, the Telegraph and the Times amongst others. She also contributes to the professional press and writes articles on employment status. Rebecca has most recently started a campaign for the regulation of umbrella companies and the protection of umbrella company workers. She does this voluntarily by drafting policy documents for the government to use to bring forward legislation.
- Identifying current problem areas – crucial issues to examine
- Legal precedents - implications and key learning points for UK companies
- Understanding HMRC’s compliance and avoiding potential penalties
Case study: High risk versus playing it safe
Nick Eaves
Global Development Director , Stanton House
Nick has 25 years’ experience within the Recruitment Sector, delivering flexible workforce solutions and advising all parties in the supply chain how best to navigate the UK regulatory landscape. In recent years Nick has spent a lot of his time helping Private Sector clients to engage a flexible workforce in a compliant manner in the face of the evolution of IR35. Equally important is the contractor / interim worker community and Nick and his team continue to take great care to advise and support these individuals throughout this highly disruptive time.
Drawing on real-life examples, this session will examine the pros and cons and business impact across real-life organisations and the practical lessons delegates may draw from:
- A conservative approach
- The risky approach
- Legal risks and pitfalls
- Where it all went wrong?
Comfort break
Case study: Lessons learned from the public sector
Ruth Wilson
HR Lead , East Sussex County Council
Ruth Wilson is a Pay and Reward specialist who she started her career in HR with the NHS on the Graduate Management programme where she gained her Masters degree in HR Management. After finishing the programme, she joined East Sussex County Council in the HR Department. She has worked for the Council for 10 years and has many different roles within HR in her time, implementing new terms and conditions, manging change and leading on strategic pay and reward projects. In 2017 she was managing the Council’s temporary agency staffing contract and was responsible for implementing the IR35 changes for the Council for both the agency workers and directly commissioned consultants. In addition to getting to grips with what the changes meant in practice for the Council she also had to work closely with the Council’s Procurement department to identify and engage with hundreds of consultants and the managers who commissioned them. The project to implement the changes took over a year and changes and improvements to the internal IR35 process are still being made today. The changes in 2021 have given her the opportunity to re-engage with commissioning managers and develop e-learning to support managers understand the complex world of IR35
- The scope of the challenge and how we prepared for change
- Quantifying the impact on our workforce
- Lessons learned and what might we have done differently in hindsight?
What else is on the horizon? Rethinking how you engage contingent workers
Colin Morley
Director , Hays Technology
Colin has 24 years of experience of delivering workforce solutions across the UK, Ireland, Europe and America. Colin has architected and delivered scalable services and products to private, non-for-profit and public sector organisations from delivery functions onshore, nearshore and offshore. Colin has a particular specialism in contingent workforce legislation and helping his clients to procure more sophisticated outcome based solutions.
- Market trends
- IR35 isn’t the only thing to be worried about. What you need to know about the Criminal Finance Act
- SOW: What should you be aware of
Panel debate: Good, bad and ugly: the practice and practicalities
Dave Chaplin
CEO , IR35 Shield
Dave Chaplin is the CEO of tax compliance firm IR35 Shield which enables firms, agencies and contractors to remain compliant with the Intermediaries Legislation (IR35) and Off-payroll legislation. Dave is the author of the Contractors’ Handbook Third Edition and more recently IR35 & Off-Payroll – explained. He assists with IR35 tax tribunals, has consulted on many occasions for HMRC, advises politicians and Government bodies on freelance tax matters, and is prolifically quoted in the trade and national press. In November 2020, Dave was included in the Staffing Industry Analysts (SIA)’ list of Europe’s 100 most influential leaders in the staffing industry.
Colin Morley
Director , Hays Technology
Colin has 24 years of experience of delivering workforce solutions across the UK, Ireland, Europe and America. Colin has architected and delivered scalable services and products to private, non-for-profit and public sector organisations from delivery functions onshore, nearshore and offshore. Colin has a particular specialism in contingent workforce legislation and helping his clients to procure more sophisticated outcome based solutions.
Susan Ball
Partner , RSM
Susan has over 30 years' experience working extensively in the employment tax, investigations and reward field. She has a breadth of experience in dealing with all aspects of PAYE and Social Security in the UK and overseas as well as the Construction Industry Scheme, employee benefits and expenses, compliance and employment status issues together with reward planning including salary sacrifice, from both an advisory and compliance point of view. Susan is an experienced presenter and writes regularly for a number of publications. She also regularly liaises with the HMRC policy team. Susan is the current Deputy President of the Chartered Institute of Taxation (CIOT) and sits on the employment taxes committee. She is a Fellow of CIOT and a member of ATT, as well as being an associate member of CIPP. Susan was included in the 2018, 2019 and 2020 Reward Strategy’s Reward 300 Hall of Fame and the Accountancy Age Financial Power List 2019.
A chance to hear from and quiz the experts about how best to manage IR35 going forward. Our experienced panelists will highlight challenges made by IR35 and offer some solutions and food for thought.
Closing remarks
End of briefing
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