FOI Request - Public sector off-payroll (IR35) reforms

Roedd y cais yn llwyddiannus.

Dear Blackpool Borough Council,

In April 2017 Government introduced new rules into the public sector called the off-payroll reforms, commonly referred to as “IR35”.

We understand you may (or may not) have planned for this and developed a set of internal guidelines to be used when on boarding flexible workers, or contractors.

Please can you:
1. Tell us if you are familiar with these reforms – yes or no?
2. send us a copy of your internal guidelines used for any internal guidance,
3. send us any policies you use surrounding the reforms.
4. send us any documents you use to explain your policies to agencies who supply workers to you.
5. Send us your internal guidance explaining how you assess the status for each contractor.

Thank you.

Yours faithfully,

Dave Chaplin

FOI, Blackpool Borough Council

Thank you for your email.


Your request for information will be dealt with under the Freedom of
Information Act or Environmental Information Regulations and will be
allocated a reference number. It will be passed to the most appropriate
council department to gather the information. The department may respond
directly to you, but you may receive a response from the Information
Governance Team via [1][Blackpool Borough Council request email].


In line with the legislation, we strive to respond promptly but no later
than 20 working days after the date of receipt. If we need to extend this
to clarify your request or to undertake a complex Public Interest Test we
will let you know.


Information Governance Team


Blackpool Council



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HR Systems & Information, Blackpool Borough Council

2 Atodiad

Dear Mr Chaplin
I am writing to confirm that we have now completed our search for the
information you requested on 11 December 2018.
The information you requested is as follows
Yes the Council is familiar with reforms and I have attached the Guidance
Document which has been developed to check the status of individuals or
The following clauses are included in the Council's standard terms &
conditions for professional services:
(f)     they have entered into this agreement in acceptance that an IR35
Employment Status Assessment has been undertaken in line with HMRC
guidance as presented in Schedule [7]; and
(g)     Schedule 7 confirms whether or not this engagement falls in or out
of scope HMRC IR35 taxation rules;
(h)     if the engagement is deemed to be within scope tax and NI
contributions will be deducted at source by the Council;
(i)     if the engagement is deemed to be out of scope the responsibility
for tax and NI contributions payable to HMRC will be the responsibility of
the Consultant.
12.3    In accordance with Clause 7.1 (h) where the Consultant is deemed
to be in scope of IR35 rules the Consultant shall submit to the Council a
payroll set-up form which they have obtained from the Council containing
personal and banking details.
12.6    In accordance with Clause 7.1 (i) where the Consultant is deemed
to be out of scope of IR35 rules, the Council shall notify the Consultant
no later than ten days after payment becomes due of the sum that the
Council considers to have been due at the payment due date in respect of
the payment and the basis on which that sum is calculated.
In terms of Agency workers Reed, who manage our supply chain, are
instructed to ensure all supply agencies are IR35 compliant.
This is managed and regularly audited by Reed.
Should a manager gain approval to go off contract and approach
workers/agencies independently they have to sign up to the conditions
Please note No.3 which relates directly to IR35 regulations.
Please be aware that any commercial use or other use such as publication
or sale may be a breach of copyright under the Copyright, Designs and
Patents Act 1988 unless you obtain the copyright holder’s prior
permission. Not all of the information that the Council supplies to you
that is subject to copyright, will be the Council’s copyright.  You should
seek consent from the Council or the copyright holder as appropriate.  If
you wish to reuse the information supplied you should contact the Council
for advice on this.
If you are dissatisfied with the handling of your request you may ask for
an internal review and you should submit this in writing to: FOI Internal
Review, Blackpool Council, PO Box 4, Blackpool, FY1 1NA.  Your request for
internal review should be submitted within 40 working days of receipt by
you of this response.
If you are not happy with the outcome of the review, you have the right to
apply directly to the Information Commissioner’s Office for a decision. 
You can contact the Information Commissioner at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, ([1]
If you have any queries about this letter you can contact me, or write to:
FOI, PO Box 4, Blackpool, FY1 1NA, or email us at [Blackpool Borough Council request email]. 
Please remember to quote your reference number when you contact us.
Yours sincerely
Debbie Botham
Senior HR Systems & Information  Officer

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