Public sector IR35 consultation launched

[eek]

Could the employer conceive of a payment mechanism (e.g. per parcel) that circumvents the mechanism to which the law applies (per hour/day)?

Isn't that the entire point of the Hermes complaint... Their workers are self employed paid per a parcel which in theory more than matches the minimum wage but in reality (as deliveries take longer than the time suggested) makes receiving the minimum wage almost impossible - which is why I think you will find that any wage requirements will have to be explicitly separated.

[eek]

It is insofar as a non-contracting business may legitimately decide to pay its (not formally employed) directors less than NMW.

I think that is already covered by the agency payment reports that need to go to HMRC... The agency sends a report stating that my company receives £800 a day for the services of eek - no need to investigate further, cheapo umbrella receives £75 for the services of Mrs Potts a cleaner - check paye records for Mrs Potts income....

[MrMarkyMark]

Isn't that the entire point of the Hermes complaint... Their workers are self employed paid per a parcel which in theory more than matches the minimum wage but in reality (as deliveries take longer than the time suggested) makes receiving the minimum wage almost impossible - which is why I think you will find that any wage requirements will have to be explicitly separated.

This. and they have all the way they penalise the staff, make them arrive early unpaid, to grab a few sheckles back.

The Mike Ashley business model

[jamesbrown]

Isn't that the entire point of the Hermes complaint...

That's precisely my point. Unless this is addressed in an industry-specific way, it will either be too easy to circumvent or too broad in application. Remember that most businesses are not contracting businesses. You don't want a drafting that impacts a bunch of small businesses that sell trivial amounts of goods or services through a self-employed structure. It would be simpler to legislate against self employment in the few industries/roles where there is widespread abuse.

[eek]

Interestingly Uber is off to an employment tribunal tomorrow

https://www.theguardian.com/technolo...employment-law

[MrMarkyMark]

Interestingly Uber is off to an employment tribunal tomorrow

https://www.theguardian.com/technolo...employment-law

Saw that...............I believe Sports Direct started something and we will see more of these.

https://www.theguardian.com/commenti...hours-contract

[youngguy]

article

[eek]

Nice and cheery (not).

Confirms what I've heard though..

[youngguy]

Nice and cheery (not).

Confirms what I've heard though..

Not a huge surprise , but if this is correct it begs the Q why HMRC even pretended to want to consult !

Don't worry though, IPSE will be along in a month when it is all too late ......

[eek]

Nice to see that even those who should know things don't

HMRC has also confirmed that contractors deemed to be within IR35 will be taxed as employees subject to a deemed payment calculation. However, as PRISM CEO Crawford Temple highlighted, for a contractor engager or agency to implement this method would pose problems in the form of contractor expenses and pension contributions.

As you are subject to IR35 - there won't be any expenses bar none-standard circumstances....