IR35 off payroll payments

The request was refused by City of York Council.

Dear City of York Council,

Please provide a tabulation of the grades and numbers of off payroll contractors IR 35 in each department by grade on I May and I November 2016.
Please provide a tabulation of all IR35 personnel employed longer than 4 months as at 1 November 2016 .

Yours faithfully,

Gwen Swinburn

foi@york.gov.uk, City of York Council

Thank you for your email. Please note this is an automatically generated receipt to let you know we have received your email.

For information :

* The timescale for responding to Freedom of Information Act (FOI) and Environmental Information Regulation (EIR) requests is up to 20 working days. We will contact you promptly if we need you to clarify your request or an extension to complete a public interest test.

* The timescale for responding to requests for personal information under the Data Protection Act (DPA) subject access to records is 40 calendar days. We will contact you promptly if we require further information from you.

* The timescale for responding to requests for a review is up to 15 working days. You are also able to contact the Information Commissioner, contact details below:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
Or email: [email address]<mailto:[email address]> (please include your telephone number)

Regards
Customer Feedback Team

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Help protect the environment! - please don't print this email unless you really need to.

show quoted sections

Bennett, Mark, City of York Council

Dear Gwen,

 

I am writing in response to your enquiry which has been made under the
freedom of information act.

 

It is not the council's role to evaluate IR35 status for individuals
engaged by the council on a self employed basis, they are required to do
this themselves.  The council holds no information about individuals IR35
status.

 

Additionally individuals who are self employed are not employees (as
stated) and therefore are not paid against one of the council grades so
any information cannot be provided in the way you have requested. 

 

It is for these reasons I am not able to respond to your FOI request.

 

For information as a Council we contract with many self employed
individuals across our different service areas e.g. adult education /
training, fitness instructors, painters/decorators, music tutors etc. the
costs are then recovered through service trading models.

 

If you are dissatisfied with my response you have the right to ask for a
review of how your enquiry was handled and responded to. This can be done
by contacting us through [1][City of York Council request email] stating your reason(s) why you
are dissatisfied, and we will pass this to the information governance team
who deal with all reviews of how we have dealt with FOI enquiries.  If
after they complete their investigation and reply to you with their
findings, you still remain dissatisfied you can contact the Information
Commissioner, contact details below:

 

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 08456 306060 or 01625 545745

Email: [2][email address]

 

Kind regards

 

Mark Bennett | Head of Human Resources and Organisational Development  

t: 01904 554518 | m: 07785 925224 | e: [3][email address]

 

City of York Council | Customers and Employees

Human Resources | West Offices | Station Rise | York| YO1 6GA

[4]www.york.gov.uk | facebook.com/cityofyork |@CityofYork

 

 

show quoted sections

Dear Mark

Thank you for this and sorry for the following contextual response which may need to be addressed as a further foi.

My understanding is that under this new administration..

1. much effort has been made to inform citizens that money won't be wasted on interim and consultants who are in effect or fact 'sitting in staff positions' but are employed as 'a business' which has resulted in CYC taxpayer paying over the odds for services and the 'staff' avoiding taxes.

2. It now it appears that individuals who prefer a higher income that the grade that their job would merit are getting round this by being recruited by the Council ( or even Work with York) as a firm . This is like Tanburn or even Goulden) but now, instead of paying them a transparent daily rate, which all can see and be rightly shocked and reported - individuals acting as businesses are now being paid multiple tens of thousand of pounds per project for multiple projects month in month out (Whilst to all intents and purposes characterising themselves (and being treated as) a regular member of staff).
3. This 'business' looks to have already received £130k in the last year. https://www.whatdotheyknow.com/request/3...
4. Mr RW is presenting himself as 'Programme Director Older Peoples Homes' so one would imagine he was a bonafide CYC manager. This is perplexing for this ordinary person sitting on the Clapham Omnibus. Accordingly can you provide the following

5. Each contract provided to either Mr Wallington or the business he trades under
6. the schedule of payments ( not simply the totality) from when he and/or his business' started working at City of York Council
7. Provide details of how many other 'firms' are sitting at CYC desks with CYC job titles.

8. This appears to be a circuitous and opaque route to receive pay over the odds whilst avoiding tax as an employee. Can you give citizens confidence that this is not the case.
9. Can you provide Council policy that permits this tyie of recruitment and what protocols need to be followed to obtain this special and very financially advantageous (to the firm) status?
9. Please provide emails that confirmed this firm/business appointment and which Members and Chief Officers authorised.
10. Can you provide the correspondence with HMRC that ensured the Council was not acting inappropriately in recruiting this business into what appears to all intents and purposes a staff position.

Yours sincerely,

Gwen Swinburn

foiresponses_NO-REPLY@york.gov.uk, City of York Council

4 Attachments

Dear Ms Swinburn
 
Following your request please find attached the information held by the
Council in recorded form.
 
Each contract provided to either Mr Wallington or the business he trades
under
 
First contract with PSA Ltd
Specification for second phase and CYC contract with NEPRO.  Please note
that the Council does not have a direct contractual relationship with PSA
Ltd, but contracts through NEPRO.
 
Some information is exempt under section 43, because it is considered to
be commercially sensitive and would be likely to prejudice the council’s
commercial interests.
 
A Public Interest Test was carried out and it is considered there remains
a strong public interest in this project. It is accepted that the public
interest includes knowing what the care provision will be, where and how
it will be provided and the timescales for this, as well as in the
decision making process, the associated costs and how these are broken
down. It is also accepted that there is a strong public interest in
transparency and accountability in relation to this project.
 
It is also accepted that there is an ongoing public interest in
understanding how contracts are procured and the costs of this to ensure
transparency and accountability.
 
It is however also considered that there is a strong public interest in
being able to deliver this project in a timely way to ensure appropriate
future provision of care, within defined budgets and without delay, which
would be likely to increase costs and public concern. The council has
already released a significant amount of information on its website and as
a result of this and a previous request for information to ensure that
people understand what the plans for care are, how they are being made,
the timescales and costs.  This information can be found by searching for
Older Persons Accommodation Project.
 
The request contains information about areas still to be consulted on and
where recruitment of other partner agencies will be required. It is
considered that releasing more detailed information would be likely to
lead to a prejudice in the procurement process as people may be provided
with information which puts others and the council at a disadvantage. It
is also likely to lead to additional delays by prematurely releasing
information about issues which are due to be consulted on in the future.
This is likely to result in officers having to answer questions and
concerns that would be generated as a result of incomplete information
where the consultation terms have not yet been formulated and would
therefore divert time from tasks required to complete the current actions
before being able to effectively move onto the next steps in the process.
This is considered to be prejudicial to the council’s commercial interests
as any additional delays are likely to lead to increased costs, which
would be contrary to the public interest. It is therefore considered the
weight of public interest is in maintaining the exemption.
 
The schedule of payments (not simply the totality) from when he and/or his
business' started working at City of York Council
 
Payments made to Present Solutions Associates  
Date            Amount £
24-Mar-16        30,000.00
27-Jan-16        20,000.00
20-Nov-15        30,029.25
21-Sep-15        50,112.80
       
Payments made via NEPRO for Present Solutions Associates       
Date            Amount £
20-Jan-17        27,000.00
21-Oct-16        27,000.00
11-Aug-16        27,000.00
 
Provide details of how many other 'firms' are sitting at CYC desks with
CYC job titles.
 
We have interpreted this request as being for any established CYC posts
currently filled by companies.  There are no such arrangements in place.
 
Can you provide Council policy that permits this type of recruitment and
what protocols need to be followed to obtain this special and very
financially advantageous (to the firm) status?
 
Not held.  Whilst a formal policy is being developed, there are protocols
agreed by Council Management Team to guide practice and ensure this is in
line with HR and procurement advice.
 
Please provide emails that confirmed this firm/business appointment and
which Members and Chief Officers authorised.
 
 
Can you provide the correspondence with HMRC that ensured the Council was
not acting inappropriately in recruiting this business into what appears
to all intents and purposes a staff position.
 
None held.  HMRC do not enter into correspondence with individual councils
regarding these issues.  The Council follows the appropriate Employment
Status Indicator checks when engaging specialists and interims.
 
If you are dissatisfied with our response you have the right to ask for a
review of how your enquiry was handled and responded to.   This can be
done by contacting us through [1][City of York Council request email] stating your reason(s)
why you are dissatisfied, and we will pass this to the information
governance team who deal with all reviews of how we have dealt with FOI
enquiries.  If after they complete their investigation and reply to you
with their findings, you still remain dissatisfied you can contact the
Information Commissioner, contact details below:
 
Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number
Fax: 01625 524 510
 
Or email: [2][email address] (please include your telephone number)
 
 
City of York Council  |  Customer Complaints & Feedback Team, Customer &
Business Support Services
West Offices | Station Rise | York YO1 6GA
[3]www.york.gov.uk | [4]facebook.com/cityofyork | [5]@CityofYork
 
 
Please note the email address you sent your email to, is used only for
sending purposes and not monitored. This means all emails sent to this
address will not be seen by any council officers and will also be deleted.
Please resend your email to [City of York Council request email]
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * *
Help protect the environment! - please don't print this email unless you
really need to.

show quoted sections

Paul S Cordock left an annotation ()

Dear Gwen

I can't believe the council appear to be paying this consultant £27k/qtr? or, is that stage payments of £27k - only just over two months between Aug-16 and Oct-16 payments?

Payments made via NEPRO for Present Solutions Associates
Date Amount £
20-Jan-17 27,000.00
21-Oct-16 27,000.00
11-Aug-16 27,000.00

Total £81k

Between Jan-15 and Jan-17 he's been paid a total of (£130k + £81k) = £211k - that's over £100k/yr. An equivalent officer (Head of dept) is paid how much? around £50k/yr?

Payments made to Present Solutions Associates
Date Amount £
24-Mar-16 30,000.00
27-Jan-16 20,000.00
20-Nov-15 30,029.25
21-Sep-15 50,112.80

Total £130k

AD's are only paid £72k-75k/yr, and this guy is only looking after a couple of OAP home projects?

Another concern was the fact that when Stewart Halliday awarded the first contract, which started on 1st January 2015, the company didn't even exist, and wasn't incorporated unti 24th July 2015. In addition, the consultant was still working for NYCC up to May 2015, meaning CYC were paying him as a consultant at the same time he was working for another Local Authority, which was a breach of the contract.

Regards
Paul S Cordock