
With IR35 reforms now in effect as of April 6, 2021, companies should set aside time to review their implementation of the reforms and ensure compliance to avoid penalties. To help companies keep track of what this change means for their business, visit AGS’ IR35 in the Private Sector resource webpage to review IR35 resources and insights from AGS subject matter experts.
Many companies have voiced concerns for the IR35 reform implementation, including the potential issues with contractors challenging their employment status. Despite a large number of contractors questioning their status leading up to the original 2020 IR35 launch date, there has not been as much movement since, which is a good sign that a surge of contractors should not leave their roles due to disputes. Data-based classification decisions are the best way to ensure compliance without feeling pressure from contractors.
Takeaway: Companies should revisit their IR35 plan within the next 12 months to ensure it is being followed and identify any adjustments that may be needed. The continuing challenge will be to capture statements of work (SOWs) and check that contractors do not move into a different channel without being recognized. For example, a contractor may move into project work that puts them at a misclassification risk. Vigilance will be key to avoiding classification conflicts as workers move to different assignments.
Coronavirus Considerations for Businesses
US: Independent Contractor Rule Withdrawn
US: Ban Expires on Entry of Certain Nonimmigrants
US: California’s AB 5 Injunction Overturned on Appeal
Canada: Government Considers Right to Disconnect Legislation
UK: Deadline Delayed for Gender Pay Gap Data Reporting
UK: Supply Chain Fraud Found in Mini Umbrella Companies
Ireland: Increased Rights for Workers Facing Redundancy
Singapore: New Initiatives Help People with Disabilities Secure Employment
Australia: Calls for Nationwide Regulation Following Successful Labor Hire Scheme
This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel. AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.