IR35 Clinic: A Compliance Checklist for Employers

Chair's welcome and opening remarks

Elizabeth Smith

Director of Research
Business Forums International Ltd. (BFI)

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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.

Defining and establishing your learning outcomes and expectations

Delegates will split into groups for a 10 minute ice-breaker

Legal updates to employment status: understanding the tax changes and ramifications for your contract and freelance workers

Frances Lewis

Consultant
Osborne Clarke

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Frances Lewis

Consultant , Osborne Clarke

Frances is head of Osborne Clarke’s workforce solutions sector, specialising in advising talent acquisition companies, staffing companies, consultancies and online platforms operating in the talent space on all aspects of business process, regulatory compliance, contracting models, taxation of contingent workers, data protection, liability, insurance and sector M&A. Frances has helped shape legislation affecting the staffing sector in the UK, including taking part in working groups with HMRC, BEIS, the CBI and HMTreasury. She has advised extensively on IR35 both on the supply and the end user side.

• 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 HR: What should you be thinking about now?

Olivia Sinfield

Associate Director
Osborne Clarke

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Olivia Sinfield

Associate Director , Osborne Clarke

Olivia has more than fifteen years’ experience of advising employers and senior executives in the full range of contentious and non- contentious issues arising during the employment life cycle. Olivia re-joined the Osborne Clarke London employment team in 2016 having worked for a niche employment law practice for the previous seven years. This has provided her with an additional perspective having advised both employers and employees. Prior to that, she worked for five years at Osborne Clarke joining from another international law firm. Olivia has extensive experience in advocacy in the Employment Tribunal having represented Respondents and Claimants at preliminary and full hearings. She has also participated in the Judicial Shadowing Scheme. Olivia is experienced in dealing with a wide range of employment issues but has particular experience in: • HR data protection and privacy issues; • Employment Tribunal litigation including bonus claims; • Restrictive covenants and injunctions; • Restructuring and collective redundancies; • Business critical issues including board disputes, change management and discrimination claims. Olivia has a particular interest, and experience, in providing legal and HR training to HR departments and managers in a broad spectrum of employment issues. Olivia prides herself on giving practical and accessible, user friendly, ‘no nonsense’ pragmatic and commercial advice. Olivia is a member of the Employment Lawyers’ Association and a regular media contributor in respect of HR data protection issues and considerations.

• Covid employment law implications
• Implications to your staff for:
• Social security benefits
• Employment law protection rights
• Paid holidays
• Working week limits

Legal clinic Q&A

Delegates are encouraged to come armed with specific legal challenges that IR35 poses to their organisations. Our expert team will advise on both practice and practicalities. Please feel free to email specific issues prior to the event to elizabeth.smith@bfi.co.uk

Comfort break

Panel: Lessons learned from the private sector

Andy Chamberlain

Director of Policy
IPSE

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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.

James Ottaway

Former Commercial Director for Workplace Services at Capita & Independent Workforce Management Consultant at
Imperfect Circle

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James Ottaway

Former Commercial Director for Workplace Services at Capita & Independent Workforce Management Consultant at , Imperfect Circle

James is the founder and director of Imperfect Circle and has been working in the talent management sector for over 15 years. After training with one of the UK's largest multi-specialist recruiters, James spent the first 10 years in a variety of corporate sales, bid management and relationship management roles with an emphasis on securing, implementing and retaining some of the biggest MSP and RPO deals in the UK market. Over the last few years, he has focused his attention on commercial leadership and corporate governance as a portfolio commercial director, looking after a number of recruitment, learning, communications and HR services businesses. Immediately prior to founding Imperfect Circle, James was part of a management team leading an MBO and subsequent onward sale of various specialist recruitment businesses operating in the education, health and social care sectors.

• Tax liability and complications
• Understanding exemptions
• Employment law protection rights
• Lessons learned

What you need to do to prepare: a checklist and action plan

Mark Groom

Partner
Deloitte LLP

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Mark Groom

Partner , Deloitte LLP

Mark is an employment tax partner in Deloitte’s Reward group, with over 20 years’ experience, based in London, advising across all areas of pay, incentives, benefits and expenses, specialising in employment status and IR35. He is currently focused on ensuring his firm and his clients are ready for the IR35 changes in April 2020. Mark is also Vice-Chairman of the Employment Taxes Sub-Committee of the Chartered Institute of Taxation. He has presented to MPs on employment status and the gig economy, co-authors the Tolley’s Finance Act Handbook, and is a regular media commentator and speaker at conferences on employment tax issues.

• Reviewing your existing workforce: auditing for realistic levels of risk
• Conducting risk-based assessments
• Identifying the workforce levels your organisation is deploying:
• Which roles will be affected?
• Implications for your contingent workforce
• Classifying and communicating with the affected workforce
• Reviewing your internal systems
• Making the best choices for your organisation and workforce
• Maintaining visibility over how and when contractors are on-boarded and utilised
• The role of umbrella companies

Q&A

Comfort break

Communicating decisions and future payroll options

Dan Haslam

Group Sales Director
Giant Group

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Dan Haslam

Group Sales Director , Giant Group

Dan Haslam is Group Sales Director for giant group, helping clients manage their contingent workers compliantly and cost effectively, using the whole range of giants services and products. Dan has over 10 years’ experience in the industry so understands first-hand the challenges companies face when it comes to changing legislation and the constant flux of risk and legislation that impacts the contingent worker market.

• S,D,S process
• Business critical assessment
• Rate calculations
• Payroll options for those inside
• Considerations when selecting a payroll partner

Group exercises: what does it look like in practice?

Mark Perry

Senior Tax Manager
Saffery Champness LLP

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Mark Perry

Senior Tax Manager , Saffery Champness LLP

Heading up the employment taxes team in the London office. Mark's main focus is providing employment tax advice to entrepreneurs - covering areas such as off-payroll workers, share schemes, and HMRC enquiries.

Nigel Nordone

Head of Tax
Qdos Contractor

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Nigel Nordone

Head of Tax , Qdos Contractor

Nigel Nordone is the Head of Tax at leading and award-winning IR35 specialists, Qdos Contractor. As a former HMRC Inspector of Taxes specialising in IR35, tax investigations, status, PAYE, and employer compliance, Nigel has first-hand experience into HMRC’s handling of enquiries, and has personally represented hundreds of clients who have been under IR35 enquiry over the past two decades. During this time, Nigel has delivered numerous workshops and seminars in relation to IR35 and employment status and is a sought-after opinion on IR35 matters.

Delegates will be split into two groups to work through case studies and real life examples to ensure they have grasped all the complexities and implications of IR35. Working with industry experts, delegates will learn which principles to apply, how to ensure contracts and communications are effective, and the associated calculations.

• 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 workforce 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

Feedback and wrap up

End