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IR35 Planning and Preparation

Approx. 7 hours

Changes to IR35 legislation, extending to the private sector will take place with effect from April 2020. Understanding the complex IR35 legislation may have punitive consequences if HMRC do not agree with your status assessments.

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Organisations must prepare flexible workforce staff and get to grips with tests in order to remain compliant, either inside or outside IR35 rules. You may be putting your organisation at risk if you do not clarify your status and avoid last-minute panic.

This comprehensive day provides an interactive and hands-on opportunity for grappling with IR35. It offers the tools to help you draw up a compliant and workable game plan for your staffing which will avoid fines and ensure your talent pools remain at optimum levels.

Learn how to review, plan and implement new policy whilst also learning the best ways to classify and communicate with affected staff, ensuring they are aware of their options and obligations as well as offering a range of workable contract options.

Why?

  • Avoid costly legal challenges to status assessments
  • Avoid debilitating staff loss by planning early—98% of contractors will avoid working on contracts that place them inside IR35
  • Learn how to consult with and advise current staff to understand and implement the best employment model for your organisation
  • Ensure your contracts are compliant and avoid non-compliance penalties
  • Get equipped with the tools to avoid a drop in your organisation’s talent pool—51% of public sector organisations have lost skilled contractors post IR35 April 2017

We will tailor the course to suit your organisation's needs. This is a preliminary outline to give you a taste of what we typically offer when delivering this course in-house. After an in-depth discussion between your organisation and the trainer, we will develop a course outline which meets the specific needs of your team. 

We can also deliver this course virtually, or as webinar modules.

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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, Finance, Line Managers and all Directors and staff with responsibilities within this area

Schedule

Welcome, terms of reference, learning outcomes and objectives

UNDERSTANDING THE LEGAL CHANGES AND RAMIFICATIONS FOR YOUR CONTRACT AND FREELANCE WORKERS

  • Current proposals and new rules: what will the law actually say?
  • Understanding who will be affected, when and how
  • Contracted staff through PSCs
  • Contingent staff
  • Supply chain
  • Which organisations must comply?
  • Tax liabilities and complications
  • Understanding exemptions
  • Defining ‘reasonable care’
  • What penalties will you face for non-compliance?
  • Implications to your staff for:
    • Social security benefits
    • Employment law protection rights
    • Paid holidays
    • Working week limits
  • Lessons learned from the public sector: BBC, NHS, TFL

DESIGNING AND IMPLEMENTING A WORKABLE GAME PLAN

  • Reviewing your existing workforce: auditing for realistic levels of risk
  • Conducting risk-based assessments
  • Identifying the employment levels your organisation is deploying:
    • Which roles will be affected?
    • Which workers will be scarce?
    • Which workers can be replaced?
  • Implications for your contingent workforce
  • Classifying and communicating with the affected staff
  • Freelance options: becoming full-time versus rising rates
  • Reviewing your internal systems
  • Are your IT systems robust enough?
  • Making the best choices for your organisation and staff
  • Planning and implementing strategy medium- and long-term
  • Maintaining visibility over how and when contractors are on-boarded and utilised
  • The pros and cons of a managed service programme (MSP)
  • The role of umbrella companies

CONSULTING AND ADVISING YOUR CURRENT CONTINGENT STAFF

  • Checklists and timelines: making everything simple for everyone!
  • Assessing your IR35 workers on a case-by-case basis
  • Vital skills and expertise: what can you not afford to lose?
  • Working out your staff position: inside or outside? Principles to apply:
    • Control
    • Substitution
    • Mutuality of obligation (MOO)
  • Reviewing, renegotiating and changing current contracts and communicating options:
    • Rates increase, lower fees, assignment termination
  • Engaging contractors directly as PAYE workers
    • Contracting options:
    • Direct engagement
    • Umbrella companies
    • “margin only” contracts
    • Full outsources service
    • Project-based
    • Substitutions

TALENT PROCUREMENT POST APRIL 2020: KEY MOVES TO ENSURE YOU ARE AHEAD OF THE COMPETITION

  • Implementing a timely review and making sure you understand the necessary changes you’ll need to make
  • Correctly advertising contract rates: example calculations
  • What are the best ways to access and compete for the necessary skills?
  • Smoothing the transition to maximise client and contractor retention

End

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Email icon info@bfi.co.uk