Please find detailed below guidance and legislation documents relating to the umbrella industry.
Department for Business, Energy and Industrial Strategy Review and Providing A Key Information Document for Agency Workers
October 2019 – The aim of this guidance is to help employment businesses understand what is required in order to comply with regulation 13A of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the ‘Conduct Regulations’), which introduces a requirement to provide a key information document for agency workers. It may also prove useful for hirers, intermediary or umbrella companies in the recruitment supply chain and agency workers themselves. Where relevant, the guidance refers to the specific paragraph of regulation 13A that underpins the section in question. The guidance does not correspond to the format of the regulation chronologically.
This is general guidance designed to assist employment businesses in understanding the new regulation, and may also be helpful to others as referred to above. However, it does not, and cannot, provide definitive answers to individual queries or issues. It is not intended to be relied upon in any specific context or as a substitute for seeking advice on specific circumstances, as each case may be different.
Department for Business, Energy and Industrial Strategy Review and Revocation of the Swedish Derogation Model
Description of proposal: The Agency Worker Regulations 2010 (AWR) established a protective framework for temporary agency workers. Regulation 10 of the AWR, commonly known as the “Swedish Derogation”, allows agency workers to opt out of equal pay entitlements after twelve weeks of employment in exchange for compensatory payment between assignments. The Taylor Review of Modern Working Practices reported significant abuse of the Swedish derogation. Agency workers are not given the choice of their type of contract, either being forced to accept a derogation contract or receiving no work. The review states that, under the derogation, it is too easy for companies to avoid paying workers between assignments, by keeping them on longer assignments at reduced pay or by offering them unacceptable assignments when they are out of work. In light of these findings, this proposal aims to prevent businesses from abusing the Swedish derogation to avoid the requirement to offer agency workers equal pay.
Good Work Plan: establishing a new Single Enforcement Body for employment rights
October 2019 – Government has already committed to provide adequate funding for enforcement through the Spending Review. To carry out enforcement effectively, we need the right institutions in place. That is why, through this consultation, we want to consider the case for a new single labour market enforcement body…
Rules for off-payroll working from April 2020 – Explanatory note
Clause 1 and Schedule 1: Workers’ services provided through intermediaries Summary 1. This clause and Schedule amend Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) to align the tax treatment for payments made for workers’ services provided through intermediaries where the client is a medium or large organisation outside the public sector with the tax treatment for payments made for workers’ services provided through intermediaries where the client is a public sector organisation.
HMRC issue briefing: charge on disguised remuneration loans
Disguised remuneration schemes are tax avoidance arrangements that seek to avoid Income Tax and National Insurance contributions (NICs) by paying scheme users their income in the form of loans. The loans were never intended to be repaid, so they are no different to normal income and are taxable. The charge on outstanding disguised remuneration loans – known as the ‘loan charge’ – was introduced to tackle the use of disguised remuneration schemes and came into effect on 5 April 2019. The charge applies to all loans made since 6 April 1999 if they are still outstanding on 5 April 2019 and the recipient has not settled the tax due. The loan charge policy package is expected to raise £3.2 billion and it has been estimated that 75% of this will come from employers, and 25% from individuals.
Find out more here.
Payslips: guidance on legislation in force from April 2019 requiring employers to include additional information on payslips
December 2018 – Guidance on legislation in force from April 2019 requiring employers to include additional information on payslips.