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Off-Payroll Workers working on Highways England Projects

We're waiting for Ms Humphrey to read a recent response and update the status.

Dear Highways England Company Limited,

Following the introduction of the off-payroll working in the public sector reforms in April 2017, could Highway England please confirm whether or not it is their responsibility to assess whether the rules apply under each of the following scenarios:
(a) a person providing employment services directly to Highways England via their own limited company
(b) a person providing employment services to a private company leading a framework contract for Highways England (for example working on the NRTS commission)
(c) a person providing employment services via a subsidiary company of the company leading a framework contract Highways England
(d) a person providing employment services through their own limited company via a subsidiary company of the company leading a framework contract for Highways England

Yours faithfully,

Ms Humphrey

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
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[6][Highways England request email]

 

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6. mailto:[Highways England request email]

Stanley, Laura, Highways England Company Limited

1 Attachment

 

Dear Ms Humphreys

 

Please find attached Highways England’s response to your freedom of
information request.

 

Kind regards

 

Laura Stanley

Tier 1 HR Team Leader – One HR

 

Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN

 

For HR Advice please raise a service ticket via [1]My HR or contact our
team direct on 0300 470 3000.

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[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

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3. mailto:[Highways England request email]

Dear Ms Stanley,

Thank you for your response dated 5th February 2019. I wasn't entirely clear on your response so would be grateful if you could please clarify the following:

Under Scenario C: does the responsibility lie with the subsidiary company or the company leading the framework contract with Highways England?

Under Scenario D: does the responsibility lie with the person providing employment services through their own limited company, the subsidiary company or the company leading the framework contract with Highways England?

Yours sincerely,

Ms Humphrey

Stanley, Laura, Highways England Company Limited

1 Attachment

Hi Ms Humprey

Please see attached our response to your additional questions.

Kind regards

Laura Stanley
Tier 1 HR Team Leader – One HR

Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN

For HR Advice please raise a service ticket via My HR or contact our team direct on 0300 470 3000.
Monday to Friday, 8:30am – 5:00pm

show quoted sections

Dear Ms Stanley,

I write further to your last response where you confirmed that for all scenarios listed below, it is the responsibility of Highways England to assess whether the requirement for which resource is sought is in-scope of the off-payroll working legislation. I'd be grateful if you would now answer the following questions:

1. For the NRTS1 Commission led by Fluor Corporation, please could you confirm how many off-payroll assessments were carried out by Highway's England, broken down into the following 3 categories:

(a) a person providing employment services directly to Highways England via their own limited company
(b) a person providing employment services to Fluor Corporation via their own limited company
(c) a person providing employment services to Fluor Corporation via TRS Staffing Solutions Ltd and their own limited company

2. For each category above, please could you confirm how many of the off-payroll assessments were deemed to be in and out of scope of the regulations?

3. For the NRTS2 Commission led by Telent Technology Ltd, please could you confirm how many off-payroll assessments were carried out by Highway's England, broken down into the following 3 categories:

(a) a person providing employment services directly to Highways England via their own limited company
(b) a person providing employment services to Telent Technology via their own limited company
(c) a person providing employment services to Telent Technology via TSS Solutions Ltd and their own limited company

4. For each category above, please could you confirm how many of the off-payroll assessments were deemed to be in and out of scope of the regulations?

5. For the transition period between NRTS1 and NRTS2, could Highway England please confirm how many off-payroll assessments were undertaken for workers and supply chains transferred from NRTS1 to NRTS2 by means other than TUPE?

6. Of these, please could you confirm how many of the assessments were deemed to be in and out of scope of the off-payroll regulations?

Yours sincerely,

Ms Humphrey

Dear Highways England Company Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Off-Payroll Workers working on Highways England Projects'.

Highways England have failed to respond to my latest request, dated 7th July 2019, within the 20 working days timeframe.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Ms Humphrey

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
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strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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6. mailto:[Highways England request email]

Trollone, Chloe, Highways England Company Limited

2 Attachments

Good afternoon Ms Humphrey

 

Please see attached response to your FOI request relating to NRTS1 and
NRTS2.

 

Kind regards

 

Chloe Trollone

Tier 1 Team Leader – One HR
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN

Tel: 0300 470 8305 [mobile number]

[1]Twitter[2]@HighwaysCareers [3]www.highwaysengland.co.uk

 

 

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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[4]https://www.gov.uk/government/organisati... |
[5][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
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5. mailto:[Highways England request email]

Dear Highways England Company Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request a further internal review of Highways England Company Limited's handling of my FOI request 'Off-Payroll Workers working on Highways England Projects'.

Please may I seek further clarification as your latest response received today seems to contradict the one made on 25th February 2019. In that response, Highways England said that “for all scenarios you listed it is the responsibility of Highways England to assess whether the requirement for which resource is sought is in-scope of the off-payroll working legislation.” However, in your latest response, you are saying that Highways England are not taking responsibility for scenarios 1b, 1c, 3b, 3c and 5. Please could you clarify whether:
(a) your latest response is incorrect; or
(b) explain why Highways England have now changed their position from their 25th February response.

With reference to point 5, Telent are publically publising the fact that a 270-person workforce has transferred from NRTS1 to NRTS2, with only around half transferred via TUPE. Please refer to the following link for further details: https://telent.com/news-media/news/telen...

Furthermore, a joint Highways England and Telent team have just won the Highways England “Project of the Year Award” for the project involving the transfer of this 270-person workforce and 50-company supply chain. Please refer to the following link for further details: https://telent.com/news-media/news/telen...

In light of the above, and referring back to your earlier response today “147 people from Fluor/Nokia/Dynniq TUPE’d across to Telent – Highways England is not aware of anyone transferring by any other means and therefore requiring any off-payroll assessment”, please could you review your response to point 5 and provide the information requested.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Ms Humphrey

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Ms Humphrey,

 

Please find attached the internal review ref. IR 100223 of your Freedom of
Information requests 768,394 and FOI 100098.

 

Yours Sincerely

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://highwaysengland.co.uk

 

This email may contain information which is confidential and is intended
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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3. mailto:[Highways England request email]

Dear Mr Drysdale

Thank you for your response. Please could you clarify what you mean by the following statement:

• Under the off-payroll working legislation, it is HE responsibility to assess the requirement to be in or out of scope, so this point is correct and has not changed.

In particular, what do you mean by the word requirement which was bold and underlined? And to be clear, are you or are you not saying that ultimately, it is HE's responsibility to ensure that all workers working on the NRTS Commission are not in breach of the off-payroll regulations?

And can you please confirm that HE does not ask for copies of any off-payroll assessments undertaken by third party contractors?

Yours sincerely,

Ms Humphrey

FOI Advice, Highways England Company Limited

Dear Ms Humphrey,

My apologies for the delay in responding to your query, I was away last week. However, I have now received clarification on the points you raised and they have been addressed below. I have broken them into 3 separate points for ease of addressing -

1. In particular, what do you mean by the word requirement which was bold and underlined?
The requirement is the assignment or job of work - as opposed to the individual who will be completing it. HE assess the requirement and if it is deemed to be in-scope for IR35 then the worker who is engaged to undertake that work will also be deemed to be in-scope and must be treated as such for tax and NI purposes.

2. Are you or are you not saying that ultimately, it is HE's responsibility to ensure that all workers working on the NRTS Commission are not in breach of the off-payroll regulations?
It would not be for HE to say whether the workers on the NRTS Commission were not in breach of the off-payroll regulations. Our role would be to confirm that the job the NRTS Commission was doing for HE was in or out of scope. The work was out-sourced completely so was not in-scope of the off-payroll regulations. However, the organisations delivering the work for HE would have employed or engaged workers to their workforce to deliver the work for HE - so the obligation to check the workers' status would have been on those organisations.

3. Can you please confirm that HE does not ask for copies of any off-payroll assessments undertaken by third party contractors?
No HE do not ask for copies of the off-payroll assessments undertaken by third party contractors.

I hope this has answered your query.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://highwaysengland.co.uk

show quoted sections

Dear Mr Drysdale,

Thank you for you email. Please could I seek a further clarification. If the lead contractor running the NRTS commission (Telent for NRTS2 and GeneSYS/Fluor for NRTS1) outsources any aspect of work on the commission to another company, do they need to either notify Highways England and/or seek their permission to do so?

Yours sincerely,

Ms Humphrey

Dear Highways England Company Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Off-Payroll Workers working on Highways England Projects'.

It has now been 20 working days since my last request and this is not the first time that Highways England have failed to respond to my requests on time.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Ms Humphrey

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority. You can find details of local
authorities using the search facility on the gov.uk website at:
[2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
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References

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6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

1 Attachment

Dear Ms Humphrey,

 

Please find attached the internal review ref. IR 100336 of your Freedom of
Information request ref. FOI 100336.

 

Kind Regards

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://highwaysengland.co.uk

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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3. mailto:[Highways England request email]

Dear Mr Drysdale,

Thank you for your response. So just to clarify, HE are required to approve the outsourcing of any work on the NRTS commission, but as part of that approval process, they don't undertake or ask to see any off-payroll assessments - is that correct?

Yours faithfully,

Ms Humphrey

FOI Advice, Highways England Company Limited

Dear Ms Humphrey,

Thank you for your e-mail.

I have raised your query with the team and they have confirmed the following -

HE are required to approve the outsourcing of any work on the NRTS2 commission but do not undertake off-payroll assessments.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://highwaysengland.co.uk

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Ms Humphrey please sign in and let everyone know.