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

Roedd y cais yn llwyddiannus.

Dear Stockton on Tees Council,

In April 2017 Government introduced new rules into the public sector called the off-payroll reforms, commonly referred to as “IR35”.
https://www.gov.uk/guidance/off-payroll-...

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

Stockton on Tees Council

1 Atodiad

Dear Dave Chaplin

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004 – Ref: 4361/1819

 

Thank you for your correspondence received on 11 December 2018

 

Your request is being considered under the Freedom of Information Act 2000
or the Environmental Information Regulations 2004 (whichever is most
appropriate). You will receive the information requested within the
statutory timescale of 20 working days.

 

However, please note the Acts define a number of exemptions that may
prevent release of the requested information. There will therefore be an
assessment of your request to determine if any exemptions apply to the
information requested. If the information cannot be released, or only
released in part you will be informed of the reasons why, together with
any rights of appeal.

 

If the information requested refers to a third party, they may be
consulted before deciding whether it can be released.

 

Yours sincerely,

 

Stockton-on-Tees Borough Council

Municipal Buildings, Church Road, Stockton-on-Tees, TS18 1LD

(01642) 527521

[1][email address]

[2]www.stockton.gov.uk

 

 [3]CSE Logo small

 

dangos adrannau a ddyfynnir

FOI and Complaints, Stockton on Tees Council

2 Atodiad

Dear Dave Chaplin

 

Freedom of Information Act 2000 – Ref: 4361/1819

Thank you for your correspondence received on 11 December 2018. In
response to your request I can now provide the following information. 

 

With reference to the public sector called off-payroll reforms, commonly
referred to as “IR35”.

 

Q1) Are you are familiar with these reforms – yes or no?

Yes

 

Q2) A copy of your internal guidelines used for any internal guidance,

 

Officers are requested to speak to Procurement / HR / Finance for advice
before agreeing any engagements with individuals.

 

Officers are required to complete the attached Employment Status
Assessment Form with full details of the proposed engagement.   The
details on the form are assessed by the Councils IR35 Working Group.  The
IR35 Working Group may need clarification or further information from the
officer in order to be able to assess the engagement and determine whether
IR35 applies.

 

Q3) Any policies you use surrounding the reforms.

 

We don’t have a policy however we do have a formal process which officers
must follow (copy of IR35 Process Flowchart attached).

 

 

Q4) Any documents you use to explain your policies to agencies who supply
workers to you.

 

This has been written into the regional NEPO508 Framework Contract for a
Vendor Neutral Managed Service for Temporary Agency Workers. The clause
relating to IR35 within the tender documentation is detailed below:

 

11. IR35

11.1. To ensure compliance with the changes in legislation regarding IR35,
which came into effect on 1 April 2017, NEPO instructed the current MSP
that all existing and future appointments must be made via PAYE, with an
effective date of 31 March 2017.

11.2. Exceptions to this blanket approach can be made but must be
communicated to the MSP by a ‘Designated Individual’ (DI) within each
Contracting Authority. Unless agreed otherwise, only the DI can confirm:

 

• New appointments outside of PAYE (where the Member Authority has
undertaken the online tax status test, which concludes that payment via
something other than PAYE in compliant).

 

• Increases to charge rates which were established on or prior to 31 March
2017

11.3. To enable the MSP to appoint a Temporary Agency Worker on anything
other than PAYE, the nominated DI from the Contracting Authority must give
the MSP written approval to proceed with the appointment.

11.4. The MSP will be required to adopt the approach outlined above for
all future Call-off agreements. Additionally, the MSP will be required to
assume responsibility for ensuring that all Temporary Agency Workers are
appointed as employees and pay all applicable PAYE or National Insurance
contributions.

 

 

Q5) Your internal guidance explaining how you assess the status for each
contractor.

 

See attached.

 

If you have any queries or concerns please contact me in the first
instance.

 

However, if you are unhappy with the way your request for information has
been handled, you can submit a complaint to
[1][email address] 

 

If, after your complaint has been determined, you remain dissatisfied with
the handling of your request or complaint, you have a right to appeal to
the Information Commissioner at:

 

The Information Commissioner's Office (ICO), Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  Telephone: 0303 123 1113  Website:
[2]www.ico.org.uk

 

The ICO does not make a charge for an appeal.

 

Yours sincerely,

 

Rebecca Horsman

Information Governance Team

Stockton-on-Tees Borough Council

Municipal Buildings, Church Road, Stockton-on-Tees, TS18 1LD

(01642) 527455

[3][email address]

[4]www.stockton.gov.uk

 

dangos adrannau a ddyfynnir

.

References

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