I’m HMRC compliant, No I’m HMRC compliant

It’s not surprising that with the advent of AWR that many “umbrella companies” have come out with fresh claims of HMRC approval, compliance and uniqueness. Being “compliant” is a corner stone of the professional umbrella business but it can also be very confusing for the contractor and Agency to really understand what that means.

The first and main point is that there is no such thing as a rubber stamp or approval made by HMRC. Doesn’t exist. Many choose to use a third party or a routine HMRC review is carried out, to then leverage that as “approval”, often claiming that they are the only business to have received same. It’s nonsense. As a consequence of running a PAYE scheme any business will be potentially looked at and reviewed by HMRC. Clearly if you have a fair few employees and make decent tax returns, HMRC will want to make sure all is in order. These are normal procedures and have been in place for many many years.

Let’s look at the independent compliance space next. In the life of the Parasol Umbrella brand we have undertaken and passed 12 compliance reviews, 7 of which were with different bodies. I could therefore proudly claim to be the only business in the UK to have passed 12 reviews and yes that’s a measure of comfort that we’ve been doing the right thing for a long time but the very volume creates some questions. Some compliance organisations are commercial bodies and can’t therefore in my opinion, be truly independent as the need to hold reviews helps drive commercial return. Others are provided off the back of associations and others are simply provided under the instruction of the independent business to prove that all is in order. Much of this is perfectly acceptable but inevitably offers a variety of assurance based on cost, expertise and objective of entering into the process.  I have seen far too many organisations use cost as a reason to not fully embrace a detailed process. In relative terms this is not expensive and you have to wonder when same organisations spend much more on marketing and questionable ethics around attracting business.

It will be no surprise that I nail my and our colours to the Freelancer and Contractor Services Association mast. We helped found it and we did so because it’s independent, not for profit and allowed us to engage properly with the key stakeholders to understand what they wanted to see in “compliance”. I will not apologise for also stating that the code of conduct and review process is very tough and the results of the same are then shared with HMRC. We still don’t say however that we are HMRC compliant but we have nothing to hide. Being compliant is also so much more than being able to prove that expense claims are managed properly (which is important). It goes to the very heart of how a business operates, the ethics, the future outlook for that business and it’s ability to deliver a compliant solution on a professional basis. Being able to adhere to that is not easy but doing the right thing rarely is.

Perhaps some of my peers consider the FCSA to be a bit elite and expensive. It’s relatively expensive because using an independent partner from a big 4 accountancy practice with expertise and knowledge in our sector is not cheap. The time needed to undertake the offsite review and then proving that was is written is evidenced on site and thoroughly, also requires effort. All that said, when compared with spend on web banners, marketing and incentives it’s small beer. I am often then left wondering as to why an organisation would not want to prove it truly meets the highest standards. On the subject of being elite – I consider that be a bit of an excuse. The code of conduct has been made public since inception and we have even seen some “independents” borrow parts to use in their own processes. We have nothing to hide and there is no agenda, anyone is free to apply and complete the process.

I know I’ve made a circular argument having started out criticising the “compliance” misuse and then pushing FCSA but I believe in the independence, openness and depth of that approach. I challenge others to really take compliance seriously and not simply an opportunity to make a marketing statement. 

Posted in AWR, Contractor News, Freelancing, Industry comment, Recruiter News | Tagged , , , , , , , , , | 1 Comment

Stock up with tinned peaches and powdered eggs!

It’s almost the 1st October and the end of the world is nigh! I have already sent the wife down to Morrisons to clear the shelves of tinned peaches and soup.

For those of you who have been blissfully unaware (e.g. not in recruitment or in the service industry that supports it) then 1st October sees the formal start of the Agency Workers Regulations (AWR) (and you can go here if you need the basics). In very simple terms it means a clock has started ticking, not as some might think, as precursor to doomsday but to the 12 weeks hence (24th of December!) where a vulnerable agency worker can potentially receive equal pay and conditions of a full time counterpart (if one exists). I may sound a bit cynical but the amount of work that has gone into preparing for this has been quite substantial and for the vast majority of Parasol and Clearsky users it won’t make any difference, it will be business as usual. As a very sensible and safe business we were already doing 90% of what the regulations require so most of our work has been in trying to educate and inform in a market which has very interesting views.

So the boring message is that it’s very much carry on as normal at Parasol House and Clearsky towers. We have shiny new payslips for Parasol employees and some changes in terminology but for contractors it won’t be much different. For Agencies, it’s just as dull, were open for business, a model of operation for all those interesting views and primarily a nil cost, no hassle approach to the legislation.

I suspect I will have to write some more as the dust settles in October and the first potential claims emerge (probably in Union backed environments) after December but in the meantime I shall put the peaches in the garage next to the peas that we bought in December 1999.

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New theme….

Gave the old blog a make over and this will check if twitter feed still works too

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It’s less than 8 weeks to the end of the world aka AWR

With only a few weeks to the start of  the Agency Workers Regulations, here is a simple round up of the current news:

http://www.understandingawr.co.uk/awr-only-8weeks-left/

The actual regulations become law on the 1st September but enactment starts 1st October 2011. What fun!

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The murky world of Agency umbrellas

It’s been a while since the last post and high time I wrote about the “grey market”. No, not some dodgy Apple kit, in this context it relates to a number of “Umbrella Companies” that are actually owned by recruitment businesses but pretend they aren’t.

Some are relatively overt about it and exist to perhaps serve their own contractor base and/or use group structures “imaginatively”. Others are far less so of course and also have a history of offering very high referral fees to build contractor volumes. Why would a recruitment business send it’s contractors to a potential competitor related business? I’m not saying that there any data protection breaches but is it best practice? I also believe that clearly masking the relationship tells you something, why hide something if it’s a genuine stand alone business? It is difficult to tell at times and any decent Agency would want to look at group structures and associated companies as part of preferred supplier due diligence.  I have seen Umbrella operations bring down related Agencies and vice versa. This happens as a result of one simple fact, it’s not a core focus for the Recruitment business and is a tad harder than you might imagine.

Here at good old Parasol we are quite proud of our independence and I really don’t mind competition, it keeps you sharp. I do mind a lack of transparency and practices in an industry that needs to remain friendly with our legislators. Surely we should all play to strengths and if you are an Agency boss thinking of entering this “easy” Umbrella life then give me a shout, happy to explain how and why you should to do it properly.

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There is a difference

I wanted to take a few moments to remind a few people (mainly in the advisory community) that not all Umbrella Companies are villains and/or cowboys. I accept that advisors will want to drum up business by highlighting bad practice but at the same time not much balance is shown in my opinion. For the avoidance of doubt, here is what in combination, a compliant umbrella co should be doing:-

  • Truly employing workers with a guaranteed hours over arching employment contract AND paying out to workers when they don’t achieve their guaranteed lies with the umbrella. Being prepared to stand up at an employment tribunal, defend a discrimination or stump up if a client fails to pay all fall within the remit of the employer.
  • A safe and compliant umbrella company will NOT provide the highest net wages for a worker. It’s so much more than a tax / payroll solution and protects not only the worker but the end client a d of course the Agency. It should be simple and hassle free but at the very core is a principle of doing the right thing, not the easy already being done.

So, Parasol and a few others will continue to thrive because at our very core we believe that doing it right is so much more rewarding in the long run for everyone concerned. It’s up to us to distance ourselves from much of what is bad and based on short term goals and Parasol will be doing this.

We welcome the future with great optimism and confidence.

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EBT and racy tax models fail us again

The hills are alive with the sound of another Employee Benefit Trust (EBT) scheme failure. Contractors unpaid, agencies paying twice and end clients wondering what the heck it has to do with them!

I have written, spoken and moaned about the risks of using these solutions but the damage has once again been done. I will say once again that Contractors can’t be surprised when the authorities end up mass legislating to prevent what is seen as cowboy behaviour.

I even saw a scheme advertised yesterday (with the usual QC opinion point to support it) suggesting a 100% return eg no tax! How can that be morally correct let alone sensible?

Agencies must look very carefully at who helps them manage contractors and Contractors need to be aware that when an Agency prefers a supplier, it should be for all parties benefit in terms of risk reduction.

Posted in Contractor News, Freelancing, Industry comment, Recruiter News, Tax | Tagged , , , , , | 1 Comment

AWR – so what do we really know?

We at Parasol have been running an Agency Workers Regulations website for some time now and like to think we are reasonably close to developments. We work with over 2000 recruitment businesses so hear a lot about what is concerning staffing businesses big and small. We are also a founder member of the FCSA trade association whom are involved in the DBIS guidance workshops alongside the REC, CBI, TUC, APSCo and others. I’m not saying we are on the “inside”, no one is but I do like to think we are very close to the subject matter and can therefore provide a decent balanced view.

So, what do we know?

  1. Guidance will not be a silver bullet and is not law, the regulations are.
  2. Guidance will make things clearer though.
  3. The complexity of the UK flexible workforce industry is not recognised in the regulations, all temporary workers in all guises are basically vulnerable.
  4. There is definitely not one size fits all solution.
  5. It is an opportunity for recruiters to show added value to end-clients.
  6. Contractors/freelancers are largely unaware of implications.
  7. There are risk management and operational framework techniques available.
  8. It’s not the end of the world.
  9. A properly constituted employment services provider (umbrella as was) is already 8/10ths of the way to AWR compliance now.
  10. Shameless plug – Parasol are experts in the field of temp workforce management.

So what can Agencies expect to need to do and resolve with clients? Well, dialogue is important and bringing people up to speed. This is not on the basis of fear, it’s on the basis of understanding where an end-client sees the temporary workforce going for them. At worse case, the staffing business is going to need to collect some data about rates of pay from that end-client and in turn be prepared to pass that data on to providers that will largely mitigate the risks for the agency and the end-client. In addition, there may need to be conversations around margin, rates and tenure but is that really such a bad thing?

And what about swedish derogation I hear you cry as you unpack your meatballs and sofa. Well, there is certainly the basis of a compliant (I hate the word “outside”) AWR model and again I will make the point that the model is very close to what a professional provider (Parasol) does today. Adding the extra componets is not trivial but equally with a long term view, achievable.

Let’s not forget that the courts will be the judge of this new world and as we have seen in Germany (Union class cases) the need for a staffing business to engage with a professional provider is paramount.

Our AWR site has of course more details and do get in touch via this site or one of the others if you have any specific questions you would like answering. See you at an AWR seminar soon, we will be the ones with solutions, not gloom :)

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How was 2010 for you?

Welcome to 2011 and very best wishes to everyone for the year ahead. Let’s hope it’s happy, healthy and of course prosperous. Here at Parasol and Clearsky we are looking forward to another busy year and as we approach our 11th year of trading, there is much to be done.

2010 was an interesting year in many respects, January 2010 saw the high profile collapse of an “Umbrella” company and I use the quotes as the reality of the model was once again exposed and the spectre of offshore activities discovered. The noise around the Agency Workers Regulations (AWR) intensified as the reality began to sink in and this was followed by National Minimum Wage consultations and HMRC consultations on the overall operation of PAYE. The new Government then instigated the office of tax simplification and ir35 once again regained top spot in Contractor related news and debate. More offshore solutions came under pressure through some high profile collapses and alleged financial irregularities. So on the political landscape it was pretty full on and our founding membership of FCSA helped us contribute and educate on many of these issues for the (usually unseen) benefit of Contractors and Agencies alike.

The actual business of contracting was tough with roles and rates remaining a challenge. I am not sure 2011 will be hugely different but I think steady progression is better than boom and bust. As we progress through the year  I also expect the noise around AWR to intensify, remember that the true employment based solution is already doing much of what AWR requires and this compliant solution will remain after October!

I therefore look forward to 2011 with sensible optimism and confidence that Contracting will remain a crucial part of the UK economy. We will be doing our very best to support this and have always been about the long term, here’s to the next ten years!!

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Finance Act should be welcomed by umbrella companies

Publishing the contents of the act early was a positive move by the government as it allows businesses to fully digest the act, understand its implications and make sure their business models are fully prepared for its introduction.

It was no surprise that the government has taken a hard-line with EBTs and other forms of tax avoidance as this has been discussed for some time, however, some providers of services to contractors have taken the announcement as an opportunity to release misleading information and confuse the market. This is inaccurate, irresponsible and fundamentally wrong.

There must be a distinction made between umbrella companies who work closely and openly with HMRC in order to protect contractors, and companies that exploit loopholes and make bold or unrealistic claims about take home pay. Correctly structured and compliant umbrella companies have nothing to fear from the Finance Act, and the reality is that this provides an opportunity to demonstrate that compliance and transparency to government, contractors and the agencies that place them.

In the past, this industry has been tarnished by unscrupulous providers making unrealistic claims about the amount of take home pay a contractor can expect, by offshore providers not fully explaining the risks involved in using an EBT scheme or operating with a lack of transparency to a level that even the contractors involved in the schemes cannot fully explain how they work. Thousands of contractors have also been persuaded to join these schemes without being informed of HMRC investigations into them.

This had to stop and therefore the Finance Act 2011 should be welcomed by umbrella companies. It now remains the duty of leading umbrella companies like Parasol, and organisations such as the FCSA, to support and educate contractors and the agencies that place them, encourage further transparency, open discussion and compliance throughout the industry, and ensure that the bad practice of a few does not bring down the industry and prevent professional contractors from running their business and making a valuable contribution to the UK economy.

Posted in Contractor News, Freelancing, Industry comment, Life, Recruiter News, Tax | Tagged , , , , , , | 1 Comment