Due to the uncertainty of IR35 legislation’s introduction into the private sector, complicated by covid and remote working, government changes and the ambiguity of certain elements of the legislation, it’s not surprising that many organisations in the private sector have found managing the complexities of the IR35 legislation challenging.
However, there is now a clear direction of travel from HMRC and greater investment by government to help HMRC manage this process with employers, so IR35 needs to be treated seriously and managed in a robust way to manage compliance and to reduce any future financial or reputational implications.
We provide support to clients to understand the current state of risk and the development of remedial actions to create robust processes, delivering a sustainable rigour to evidence control of the contractor process to HMRC.
Working closely with the HR and Talent Acquisition community, the key issues are usually based on contract data control and ongoing management, and the embedded development and training of best practice policy, process and guidance to the hiring manager community.
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The process starts with a current state audit,
- Audit – Check Current Status with HR/Talent Acquisition, key Hiring managers and Contractor Base.
- Collate data and support development (if needed) of Interim contractor register.
- Identify Outside IR35 risk focus.
- Support IR35 compliance management of identified “at risk contractors”.
Then we progress to review of future state process, systems and data,
- Interim process identifying “why, what for, when” decision-making pathways.
- Interim IR35 Inside/Outside assessment process prior to contract.
- Training, HR or compliance and data management systems to support ongoing compliance management.
- Interim legal contracts review and management information structure.
The next stage is client dependent, such as;
- Monthly reviews to support in-house talent acquisition or HR teams.
- Creation of hiring manager training materials and guidance documentation.
- Development of bespoke IR35 Compliance ‘Online’ training module as part of your LMS, to support hiring manager training and onboarding of new staff in hiring manager roles, with legislation updates on an ad-hoc basis.
- Ongoing IR35 support service – this can include a range of options – systems and process development to support internal knowledge & awareness, updating of any legislation changes, monthly/quarterly compliance checks with hiring managers, new starter assessments and regular review of contractor register risk.
Usual Benefits of any IR35 Audit Project Support,
- Fixed Monthly Costs.
- Understanding and addressing Risk.
- Understanding requirements of hiring managers and supporting them to deliver value for money to the organisation.
- Reducing costs and mitigating future unnecessary spend.
- Develop understanding of gaps in policy, process and ownership.
- Understanding future training needs.
- Evidence to HMRC of intent – foundation for compliance.
- Reduction of risk of future HMRC audit and any financial implications.
- Understanding future training needs
- Improved awareness and training for hiring managers
- Develops a legacy of control for the business
The whole process delivers greater confidence across the business, helping teams to understand and manage the whole contractor process effectively, from onboarding to contract management and developing a value for money mindset for the organisation. This combined with reduced risk, has led to clients developing a real return on investment.
If you would like to know more about our IR35 support services, contact Tony Goldsby, Managing Partner for more information via support@procurasearch.com, or book a meeting to discuss in more detail.
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