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

Dave Chaplin made this Freedom of Information request to Kirklees Borough Council as part of a batch sent to 285 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Kirklees Borough 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

Freedom Info, Kirklees Borough Council

Dear Mr Chaplin,

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Regards

Information Governance Team
The Democracy Service
Civic Centre 3, High Street, Huddersfield, HD1 2TG
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

show quoted sections

Freedom Info, Kirklees Borough Council

1 Attachment

Dear Mr Chaplin

RE: 18785 - Public sector off-payroll (IR35) reforms

I am writing in response to your request dated 11 December 2018. This has been dealt with under the Freedom of Information Act 2000.

The Council’s response to your specific questions is set out below:

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?
Yes

2.send us a copy of your internal guidelines used for any internal guidance,
Please see attached document and flow chart, plus payroll offers to assist managers in completing if required. Document is updated each April and re-sent to senior managers

3.send us any policies you use surrounding the reforms.
We do not have any separate polices other than the guidance document noted at No.2

4.send us any documents you use to explain your policies to agencies who supply workers to you.
We advised all agencies via our corporate framework that all assignments would fall in to IR35 and they should treat them as such. Any anomalies were put through the on line assessment and actioned accordingly.

5.Send us your internal guidance explaining how you assess the status for each contractor.
Please see attached document and flow chart, plus payroll offers to assist managers in completing if required. Document is updated each April and re-sent to senior managers

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be submitted within 2 months of the date of receipt of the response to your original request and should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

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