Choosing "easy"? isn't always best.

Choosing "easy" isn't always best.

Perplexed by your perceived choices or apparent lack?

Think that Moo is something you hear in a farmyard?

Perhaps it's time that you as an agency, or indeed as a employer (logistics sector I'm looking at you ????) took a step back and sought some advice on IR35.

Blanket SDS assumptions may well be the easy option but are they the correct/best option? By choosing this route you will suddenly find yourself with a whole new load of employment rights burdening your payroll costs. Pension costs, holiday pay entitlements and so on are needing to be factored in (let's not forget the potential for a diminishing work force due to contractors seeking alternative and more viable options).

By speaking with payroll providers (such as Prime UK Solutions) that can offer sound advice on the options available to you, may lead you to discover that the associated liabilities can indeed be passed down the chain with the passing of an SDS so long as it has been completed with due care.

Have you even given consideration to the 3 elements that give rise to an employment contract?

There must be mutuality of obligation between the employee and employer: how many end clients commit to work on an ongoing basis? Very few. Indeed, this is a huge benefit of utilising a temporary workforce.

The work must be personally performed by the employee; if a contractor fails to turn up, is an agency tasked with providing a substitute? Quite often that is exactly the case.

The employer must have a sufficient degree of control over the employee. Hauliers may well tell the driver the route and when to go but do they control how the driver actually drives their vehicle?

If any of the above are points are missing from the arrangements then a contract of employment is not strictly applicable giving rise to a contractor should be deemed to be outside of IR35.

If all of the above now has you questioning your options and that perhaps a snap judgement isn't necessarily the best overall option, please get in touch today to further explore your options.

Tel: 02037455561

[email protected]

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