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

Dave Chaplin made this Freedom of Information request to Environment Agency as part of a batch sent to 34 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 Environment Agency,

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

Enquiries, Unit, Environment Agency

5 Attachments

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National Requests, Environment Agency

5 Attachments

Dear Dave

 

Thank you for your request for environmental data.

 

We are treating your enquiry as an Information Request under the
Environmental Information Regulations 2004/Freedom of Information Act
2000.

 

Your request will be dealt with by our National Request Team under
reference NR110574.

 

The Environment Agency covers England only.

 

For Scotland, Northern Ireland and Wales, please see the links below:

 

[1]http://www.sepa.org.uk/

 

[2]http://www.doeni.gov.uk/niea/

 

[3]http://www.naturalresourceswales.gov.uk/

 

The Environment Agency’s obligation under the relevant legislation is to
provide you with the requested information within 20 working days from the
date your enquiry is received, but we shall endeavour to respond as soon
as we can.

 

In the meantime should you have any queries regarding this request please
contact us at: [4][email address]

 

Kind Regards

National Request Team, NCCC

Contact Centre Services - Part of Operations, Regulation & Customer

 

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National Requests, Environment Agency

8 Attachments

Dear Mr. Chaplin

 

Enquiry regarding off-payroll reforms

 

Thank you for your enquiry which was received on 11 December 2018.

 

You asked the following:

 

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

[1]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.

 

We respond to requests under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.

Please refer to the [2]Open Government Licence which explains the
permitted use of the information detailed below.

Our response:

 

1.     I can confirm that we are familiar with the Off-payroll reforms.

 

2.     Our internal advice and guidance in relation to the reforms is
accessed by our managers through our internal intranet.

We have provided the information from our intranet in relation to our
off-payroll guidelines in Appendix 1. It confirms that managers must
complete the HMRC Assessment Tool prior to requesting a temporary worker
through our framework to confirm if IR35 rules apply.

Within this document there is a link that takes the reader to our main Off
payroll rules – this can be found in Appendix 2.

 

3.     We have attached our policy surrounding the reforms – Managing
employment agency workers covered by Agency Worker Regulations which
contains reference to Off-payroll rules on page 5.

 

4.     Our internal advice and guidance as per Appendix 1 are the
documents we use to explain our policies to agencies who supply workers to
us

 

5.     In order to confirm whether IR35 rules apply to our temporary
workers, our managers must complete the HMRC assessment tool prior to the
worker commencing with the Environment Agency. They must also re-assess
using the tool if the assignment is renewed (extended) or changed
(different work). Once the assessment has been completed, there will be 3
outcomes. Either -

 

·         the legislation will apply to the worker (in scope)

·         the legislation does not apply to the worker (out of scope)

·         unable to determine the tax status of the worker

 

We do not accept an indeterminable outcome. If this is the case, the
manager must contact HMRC to discuss.

 

 

I hope that we have correctly interpreted your request.

 

Please get in touch if you have any further queries or contact us within
two months if you’d like us to review the information we have sent.

 

Yours sincerely

 

National Request Team

National Customer Contact Centre

Environment Agency

 

( Tel: 03708 506 506

: Web Site: [3]www.gov.uk/environment-agency

 

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Information in this message may be confidential and may be legally privileged. If you have received this message by mistake, please notify the sender immediately, delete it and do not copy it to anyone else.

We have checked this email and its attachments for viruses. But you should still check any attachment before opening it.
We may have to make this message and any reply to it public if asked to under the Freedom of Information Act, Data Protection Act or for litigation. Email messages and attachments sent to or from any Environment Agency address may also be accessed by someone other than the sender or recipient, for business purposes.
Click [9]here to report this email as spam

References

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