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

The request was successful.

Dear Northumberland County 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

Northumberland County Council

1 Attachment

Our Ref: 5275  

Dear Enquirer,

INFORMATION REQUEST

Thank you for your request for information which will be dealt with under
the terms of the Freedom of Information Act 2000 / Environmental
Information Regulations 2004.

In some circumstances a fee may be payable and if that is the case, we
will let you know the likely charges before proceeding.

If you have any queries about this matter please contact us. Please
remember to quote the reference number above in any future communications.

Kind regards

Information Governance Office
Northumberland County Council
County Hall
Morpeth
Northumberland
NE61 2EF

Tel: 0345 600 6400
Email: [Northumberland County Council request email]
Web: http://www.northumberland.gov.uk

Northumberland County Council

2 Attachments

Our Ref: 5275   

Dear Enquirer,

FREEDOM OF INFORMATION ACT REQUEST 

I refer to your Freedom of Information request in relation to IR35. 

Right of Access 

Section 1(1) of the Act provides any person making a request for
information to a public authority is entitled. 

(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request (which Section
1(6) of the Act designates as the "duty to confirm or deny"), and 

(b) if that is the case, to have that information communicated to him. 

The right is to obtain access to the information itself and not to the
document or record which contains it. 

The Act creates a general right of access to information held by public
authorities subject to various exemptions. 

Northumberland County Council confirms that it holds the information you
have requested, please see the following information in response. 

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.
Please see the attached policy which is due for review and provides
guidance on IR35.  The Council has a corporate contract for agency staff
with Geometric Results International who also ensure compliance checks are
undertaken before staff are supplied.  The Council's Regulations also
require that staff must seek approval in advance prior to engaging
consutants. Part of the process includes an assessment of tax status using
the HMRC assessment tool at:
https://www.tax.service.gov.uk/check-emp...
Complaints 

If you are unhappy with the way your request for information has been
handled, you can request an internal review by writing within 2 months
from the date of this response to the Information Governance Office: 

Information Governance Office
Northumberland County Council
County Hall
Morpeth
NE61 2EF 

Email: [Northumberland County Council request email] 

Information Commissioner 

If you remain dissatisfied with the handling of your request, you have a
right by Section 50 of the Act to apply to the Information Commissioner
for a decision as to whether your request has been dealt with in
accordance with the requirements of the Act at: 

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire 
SK9 5AF 

Tel: 01625 545 745
Email: [email address

There is no charge for making an appeal. 

Yours sincerely 

FOI Coordinator 
Information Governance Office
Northumberland County Council
County Hall
Morpeth
Northumberland
NE61 2EF

Tel: 0345 600 6400
Email: [Northumberland County Council request email] 
Web: http://www.northumberland.gov.uk