There’s a vast amount of legislation to consider when engaging temporary workers, from the Agency Workers Legislation to False Self-Employment to IR35 to the temporary workplace rules, the list could go on. That’s why Bar 2 specialised and contributed to the consultations relating to the many changes we’ve seen over the last 17 years.
The Agency Workers Regulation came into force in 2011 giving agency workers the same rights to pay as their permanent equivalent workers after 12 weeks in the same role.
The Employment Intermediaries legislation introduced in 2015 sought to tackle what the government called “false self-employment” by introducing the Supervision, direction or control [SDC] test. Nay worker providing their services personally who was subject to SDC as to the manner in which the work was carried out must have their pay subjected to the rules of PAYE.
In 2016 similar legislation for Travel and Subsistence used the same SDC tests with the intention to restrict temporary workers claiming home to temporary workplace expenses such as mileage and subsistence payments.
New rules regarding IR35 for those working in the public sector have been introduced to make the end user of the services responsible for making sure the person supplying their services through their own personal service companies [PSC’s] responsible for the deduction of PAYE where applicable.
These rules are set to be rolled out to the private sector in 2019.