If it isn’t hard enough to compete with Google, Goldman Sachs, Apple, and Amazon, HMRC have decided to play a trump card by extending Intermediaries Legislation (IR35) legislation into the private sector.
Presenting significant changes to work rules and contractor rights, IR35 comes into effect in April of 2020. These rule changes apply to companies with 250 or more employees.
IR35 is not an entirely new concept, of course, with changes to the legislation first being introduced to the public sector in 2017. A 2018 study by CIPD and IPSE revealed that more than 50% of managers lost contractors when HMRC implemented new IR35 legislation in the public sector. More than 70% of managers said they struggled to retain skilled contractors due to tax changes.
When Her Majesty’s Government first introduced IR35 in 2000, it was designed to address the problem of contractors working through personal service companies to avoid paying employment taxes. However, the door was left open for employers to take a blanket approach and refuse negotiation about terms of engagement with individual contractors.
Unsurprisingly, this was poorly received by the contractor population.
To add insult to injury, it marked the beginning of a major shift towards outsourcing significant chunks of back office support and development work to the other side of the world.
Over time, much of this work has been ‘near-shored’. The contractor workforce has recovered and provides significant value and flexibility to companies that don’t have either the budget or headcount to employ the skills it needs permanently. That is, until now.
Currently in the private sector, companies are turning to their IR35 readiness playbooks and realising that, this time, there is little place to hide. They must take their employment responsibilities seriously.
As for the contractors, they have long memories and are not going to make it easy for their beloved clients (ie employers) to get off the hook so lightly this time.
Suddenly, the offer of full-time employment, employment rights, employee benefits, employee bonuses, and job security seems a fair trade-off for self-assessment, timesheets, and uncertainty. But it won’t come cheap! The average cost increase to convert a day-rate contractor to a permanent employee is the cost of employers’ National Insurance, at 13.8% (see note 1), plus the additional costs of payroll and benefits. And that’s before you’ve even got to the negotiating table.
Highly sought digital skills come at a premium, and those who have them are in the driving seat.