If you have had difficulty in recruiting skilled staff to undertake specific projects, then you may have turned to the contract world. In some industries the way to ease recruitment has been to use contract workers. This is particularly the case in the IT world. Technology changes fast and it is difficult and costly to keep trained employees.
I have worked in Human Resources in both the public sector and private sector for some years. So I know the difficulties employers face when it comes to recruiting technologically adept staff.
IR35 Tax Rules are coming to your contractor workers soon
The UK government is currently consulting on the intention to introduce IR35 tax rules to the private sector from April 2020. These rules have applied in the public sector from 2017. But many private sector employers are unaware of the rules or the implications for their business.
In a nutshell, the proposal is that private sector employers who use contract workers will become responsible for deciding whether to deduct tax and national insurance from those contractors, via payroll. They would be classified as falling within IR35 tax rules. This would effectively give the contractors employment status. They would be able to claim benefits enjoyed by other employees, such as holiday entitlement, sick pay, redundancy pay, etc. They would be taxed as an employee and it would be your responsibility as an employer to deduct that tax.
What have we learnt from the public sector?
This legislation has been in effect in the public sector since 2017. It was brought in to combat tax avoidance by contract workers. If they were providing their services via an intermediary (often a limited company) then they would be subject to different tax rules. They might otherwise be taxed as an employee. There have been some high-profile and costly cases to determine whether or not an individual is considered an employee and what the costs of that decision are for the employer.
Contractors have been widely used in recent years as a way to circumnavigate recruitment difficulties. This has been particularly prevalent in the IT industry, where there is an ever-changing skills requirement for projects. There is a need for existing employees to learn new skills regularly, in technology which may only turn out to be short-lived. This has been prohibitive for business in terms of cost and capacity. In such a fast-changing environment, it has proved beneficial and cost-effective to use contractors.
What do I need to do about IR35 for my staff?
But from April 2020 in the UK, the onus is likely to fall on private sector employers to make tax decisions regarding these contract workers. If your business relies on contractors, then you should start to consult with them now about these proposed changes.
There are various ways to determine employment status. You will need to consider what applies to your contractors and what does not.
Some of the considerations are:
- Do you require your contractors to be in a set workplace at a set time. Do you expect a set number of hours of work per week? Or can they work the hours they choose, in the place they choose to do it. Do they have to complete a time sheet, or just raise an invoice for the work they have done?
- Do you provide equipment (eg. computers) and do you expect the contractors to use that equipment? Or do you allow – or even expect – them to provide their own equipment?
- Do you expect contractors to undertake training provided by your company for its employees?
- Are your contract workers free to take time off whenever they want to?
- Do you insist that they take a specific amount of time as holiday?
- If they are not available for work (for example if they are sick), do you expect – or allow – your contractors to provide a substitute to do the work?
- Do you expect contractors to work exclusively for you, or are they free to provide services for other companies as well?
- Do you provide transport or uniforms or accommodation for contractors?
- Can they make use of subsidised canteens or gym facilities, etc (ie. employee benefits)?
Some of your answers to these questions may be rather vague, or dependant on such things as security considerations. The answers will not absolutely guarantee whether or not someone is considered to be an employee. But they are all things which can help to determine the true nature of the relationship.
Why do I need to think about IR35?
The government consultation goes on until the end of May 2019. Expectations on employers will be more clear once the consultation is finished. However, it is very likely that you will be asked to decide on whether your workers are truly self-employed or should be taxed as employees.
It is worth beginning these discussions now. You will then be able to make an informed decision about whether or not to deduct tax from payroll and offer employee benefits from April 2020.
Start discussions with your contractors so that they know that you are aware of the implications. You can be sure they are nervous about it themselves. A frank discussion will help you both to prepare for any tax changes and decide how best to deal with any impact on either the individuals or the business. It won’t do your reputation as a caring employer any harm either.
If you think this article is useful and you would like more advice on dealing with this – or any other people-related issue in your business – please join our mailing list, or contact us for further guidance.