Empowering Agency Workers: Recent Episodes
Julia Kermode
The podcast for all temporary and agency workers. If you’re unsure of your rights, unsure how to find work, or just plain unsure, we’re here to help. It’s all too easy to be exploited, so your expert host, Julia Kermode, will empower you to succeed.
Understanding your pay as a temporary worker can be difficult at the best of times, let alone when you are paid via an umbrella company. There can be confusion over assignment rate vs your gross pay, plus confusion over employers NICs and other overheads. So we chat to Roy Beale who is an expert in this space, and he explains how it should work and some of the 'mischief' that you might encounter. Join us to find out: * How an agency calculates your rate in practical terms; * What is the assignment rate vs your gross pay; * Why an incorrect rate might be advertised; * What compliant agencies do in practice; * Assignment schedules and Key Information Documents
Once you've listened to this you'll know what tricks to look out for and you'll be able to make an informed decision. Essential listening if you want to know how much you'll actually be earning!
Resource: Umbrella Factsheet About Roy Beale Roy has some 30+ years experience in the contracting and temporary work sector, having started out as a temp himself he quickly worked his way up through the recruitment sector and subsequently joined professional employment businesses to focus on providing workers with quality services. In short there is nothing Roy doesn't know about the sector from all angles - recruitment, umbrella and worker perspectives. He is head of growth and partnerships at Ship Shape Resources, a reputable well-established employment and payroll specialist business.
Contact Roy:
Understanding your pay as a temporary worker can be difficult at the best of times, let alone when you are paid via an umbrella company. There can be confusion over assignment rate vs your gross pay, plus confusion over employers NICs and other overheads. So we chat to Roy Beale who is an expert in this space, and he explains how it should work and some of the 'mischief' that you might encounter. Join us to find out: * How an agency calculates your rate in practical terms; * What is the assignment rate vs your gross pay; * Why an incorrect rate might be advertised; * What compliant agencies do in practice; * Assignment schedules and Key Information Documents
Once you've listened to this you'll know what tricks to look out for and you'll be able to make an informed decision. Essential listening if you want to know how much you'll actually be earning!
Resource: Umbrella Factsheet About Roy Beale Roy has some 30+ years experience in the contracting and temporary work sector, having started out as a temp himself he quickly worked his way up through the recruitment sector and subsequently joined professional employment businesses to focus on providing workers with quality services. In short there is nothing Roy doesn't know about the sector from all angles - recruitment, umbrella and worker perspectives. He is head of growth and partnerships at Ship Shape Resources, a reputable well-established employment and payroll specialist business.
Contact Roy:
A recent tribunal case is set to have a massive impact on how holiday is calculated for all workers who's hours vary, and this of course includes temporary workers. The case involves Mrs Brazel who was a visiting music tutor at Harpur Trust school. Brazel was engaged on a zero hours contract and queried how her holiday was calculated. Whilst it seems logical for holiday to be accrued proportionately to the number of hours worked, this case questions that assumption.
As with most legal cases, it isn't straight forward! So we’re chatting to legal expert and friend of the show Rebecca Seeley-Harris who sheds some much-needed light on the detail for us. Join us to find out: * Background to the case and how Mrs Brazel's holiday was being calculated; * Why this case, and the interpretation of legal statute is so important; * What needs to change as a result of this case, and who is affected; * How your holiday is calculated - what is 'rolled up' and 'accrued' holiday; * Why it's essential that your umbrella or agency ensures you are aware of your holiday entitlement.
The Supreme Court was trying to assist part-year workers, but the result may be detrimental for temporary workers. If your holiday is calculated on a pro-rated basis, you need to listen to this episode! About Rebecca Seeley Harris Rebecca is a specialist legal consultant in employment and tax status. She is an expert in IR35, off-payroll working and in the employment and tax status of the self-employed, personal service companies and the gig economy. In recent years she was seconded to the Office of Tax Simplification (an independent body of HM Treasury) as a Senior Policy Adviser to advise the government on employment and tax status. Reporting direct to the Chancellor, Rebecca was part of a small team of experts who drafted the Employment Status Review 2015, she then continued for several years to advise on the review of Small Company Taxation leading on the taxation of nano companies and the self-employed.
All workers in the UK have a statutory right to 5.6 weeks paid holiday per year, and as a temporary worker it's doubly important to make sure you receive your right. So we're chatting to legal expert and friend of the show Rebecca Seeley-Harris who sheds some much-needed light on the subject. Join us to find out: * Why a Court of Appeal ruling against Pimlico Plumbers is important; * How holiday pay accumulates and whether you might be entitled to backdated holiday pay; * Case that says your umbrella or agency should be alerting you to your holiday entitlement; * The case that could dramatically change how holiday pay is calculated for temporary workers; * What to do if you think you have not received your statutory holiday.
Statutory holiday is a complex area of legislation, even more so for temporary workers who don't easily get an opportunity to take their paid holiday. This is essential listening packed full of key points from the latest legal cases.
Don't miss out on your statutory right to paid holiday, if you're unsure please contact info@iwork.co.uk for support. About Rebecca Seeley Harris Rebecca is a specialist legal consultant in employment and tax status. She is an expert in IR35, off-payroll working and in the employment and tax status of the self-employed, personal service companies and the gig economy. In recent years she was seconded to the Office of Tax Simplification (an independent body of HM Treasury) as a Senior Policy Adviser to advise the government on employment and tax status. Reporting direct to the Chancellor, Rebecca was part of a small team of experts who drafted the Employment Status Review 2015, she then continued for several years to advise on the review of Small Company Taxation leading on the taxation of nano companies and the self-employed.
Temporary workers and contractors are often required to choose an umbrella from a preferred supplier list (PSL) operated by their recruitment agency. Some workers feel this restricts their choice, however many recruitment firms operate PSLs that are in workers' best interests. We wanted to learn more about PSLs from the agency perspective so chatted to Bernie Payne, a compliance consultant who specialises in the recruitment sector. We discuss: * Why agencies might want to have a preferred supplier list of umbrellas; * How, if implemented well, these PSLs can benefit workers; * What goes on behind the scenes when an agency implements a PSL properly; * How to tell if a PSL really is being implemented in your best interests.
There's lots of really useful information in this episode, especially if you're frustrated about having to choose from a list of umbrellas and wonder why the PSL exists at all. We also cover red flags to look out for too! About Bernie Payne Bernie Payne is a proactive, commercially-focused professional with over 20 years’ expertise in legal, commercial, compliance and project management roles. She provides businesses with advice and support that reflects the ‘real world’ and has specialist expertise in recruitment. You can find out more about Bernie here:
Temporary workers and contractors are often required to choose an umbrella from a preferred supplier list (PSL) operated by their recruitment agency. Today we're talking to Paul Sheraton, an IT contractor who recently launched an official petition aiming to allow workers the right to choose their own umbrella rather than be restricted by preferred supplier lists. Also joining us is Martyn Valentine from The Law Place to give us his take from the legal perspective.
Here's a snapshot of what we're discussing: * Paul's experience of umbrellas in his many years as a contractor; * Impact of PSLs and reasons for launching the petition; * PSLs from the legal perspective; * Financial incentives underpinning some PSLs; * Legal considerations of such financial arrangements.
Of course there are many reasons why recruitment businesses have preferred supplier lists in the first place, which is the subject of our next podcast episode when we discuss the issue from their perspective. About Paul Sheraton Paul is a seasoned IT contractor with strong technical skills as well as strong interpersonal skills. Many of his contracts have required Paul to use an umbrella so he has considerable experience to share from his perspective. About Martyn Valentine In 2010 Martyn launched The Law Place, a legal consultancy specialising in IR35, off-payroll, recruitment and employment law. He provides legal services for limited company contractors, end-clients, accountants, recruiters and the construction industry. Services offered include: IR35 Contract Reviews, IR35 advice, IR35 Limited Company Contractor Agreement, Reclaiming unlawfully deducted employment tax, Umbrella Contracts of Employment, employment law, contract law and general legal disputes.
"Rhetoric is just hot air if you don't translate what you're saying into action." In the second of a two-part special, we're continuing our chat with Emma Freivogel of Radical Recruit about truly inclusive recruitment.
We all know that people with protected characteristics cannot legally be discriminated against, but have you stopped to think about other types of people? Unfortunately homeless people, ex-offenders, care-leavers, people with disadvantaged backgrounds don't have any such protections, so there is no regulation of how they are treated in the workplace and no legal recourse if they are discriminated against.
Today's episode is hard hitting, Emma is brutally honest in how she thinks we don't do enough to be genuinely inclusive. For example, it's all well and good to identify unconscious bias in a workplace, but then you have to actually take action. And anyway, shouldn't we be aiming for being consciously unbiased?
If you think you're inclusive, you need to listen to this to be challenged and make sure you really are! In short, Emma has set out to prove that with the right support anyone can get a job they like and build a life they love. About Emma Freivogel Emma spent 17 years working with people who are largely under-represented in the labour market due to their protected characteristics and/or really tough backgrounds. These are vulnerable people with so much to give, but are not given a chance. Prior to Radical Recruit, Emma managed return to work services but found these were diluted down versions of what these people needed and deserved. She also noticed that recruitment agencies often inaccessible to radical people, so she decided to challenge the status quo and bring about radical change.
Contact Emma:
“Everyone wants to work, I don’t know anyone that wants to spend a life in poverty.” In the first of a two-part special, we chat to Emma Freivogel of Radical Recruit about truly inclusive recruitment. She works with radicals, people who have huge amounts to offer any employer but their background often means it is difficult to gain employment. This is truly inspirational stuff, including: * Why "we are an equal opportunities employer" is nothing to be proud of; * Evidence of the unique skills and advantages that radicals can bring to employers; * The amazing success story that led to Emma setting up her business; * Why we all need to open our eyes and see beyond someone's background.
If you think you're inclusive, you need to listen to this to be challenged and make sure you really are! In short, Emma has set out to prove that with the right support anyone can get a job they like and build a life they love. About Emma Freivogel Emma spent 17 years working with people who are largely under-represented in the labour market due to their protected characteristics and/or really tough backgrounds. These are vulnerable people with so much to give, but are not given a chance. Prior to Radical Recruit, Emma managed return to work services but found these were diluted down versions of what these people needed and deserved. She also noticed that recruitment agencies often inaccessible to radical people, so she decided to challenge the status quo and bring about radical change.
Contact Emma:
Temporary workers and contractors will often be required to be paid via an umbrella company and often recruitment agencies operate a preferred supplier list (PSL) of umbrella companies that their worker can choose from. In this episode, IWORK's founder, Julia Kermode, discusses why she thinks umbrella PSLs should be abolished. She has proposed this as one of her recommendations in response to the government's consultation on the umbrella market.
It seems that protecting contractors and temporary workers are no longer the central reason for having a preferred supplier list of umbrellas. In recent years PSLs have become increasingly rotten due to the scale of financial (and other) incentives taking place between umbrellas and recruitment agencies in exchange for inclusion on a PSL. This is just one reason why PSLs should be abolished, which turned out to be a controversial opinion when Julia recently posted about the subject on social media.
There many additional reasons for abolishing PSLs, not least because temporary workers and contractors should be able to choose their employer! In no other industry is it acceptable to force someone into an employment arrangement not of their choosing.
Of course there are reasons in favour of having PSLs which Julia also discusses. She also offers some advice to temporary workers and contractors faced with a PSL of umbrellas that does include their preferred choice of umbrella.
You can see the video of this podcast here if you prefer to watch rather than listening in isolation.
Today we’re honoured to talk to two of the lead creators of the Loan Charge settlement proposal, Sarah Gabbai, tax lawyer at McDermott Will & Emery; and Keith Gordon, tax barrister at Temple Tax Chambers. The Loan Charge is a piece of legislation that seeks to charge people tax on income that they received going back 10 years or more. Thousands of contractors are affected, many of whom had no idea that their income had not been properly taxed.
Some of those affected were recommended the loan scheme by their recruitment agency, some had no choice about signing up to the scheme, and some had no idea that they were in a so-called loan scheme. The tax bills being sent to those affected are huge and impossible to pay, so we wanted to find out more about the settlement proposal.
Join us to hear about:
- What actually is the loan charge and how it came about;
- The dire impact of the legislation on those affected;
- Why the loan charge settlement is needed;
- What the proposal would mean in practical terms;
- Who should have ensured the income was taxed in the first place.
Both Sarah and Keith are eminent experts in this space, so it is well worth a listen!
About Sarah Gabbai Sarah is a senior UK corporate and international tax lawyer at McDermott Will & Emery where she supports clients across a full range of tax matters. She is a fellow and member of the Chartered Institute of Taxation and achieved recognition in The Legal 500 UK 2020 – 2022, Corporate Tax, Recommended Lawyer. Sarah is a well-known commentator on loan charge issues, including recently appearing on BBC Radio 4’s Moneybox programme to discuss the settlement proposal.
For more information:
About Keith Gordon Keith is a barrister practicing at Temple Tax Chambers in London where he advises on all tax matters. Keith has represented taxpayers (both personal and corporate) at all levels from the First-tier Tribunal to the Supreme Court in statutory appeals as well as in judicial review claims and High Court actions for the recovery of taxes overpaid. Keith practised as a chartered accountant and chartered tax adviser before qualifying as a barrister.
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The recruitment sector pays salaries to millions of temporary workers and contractors, and this volume of money makes it a target for potential tax evasion. In 2017 new legislation was introduced, the Criminal Finances Act, which makes failing to prevent tax evasion a ‘Corporate Criminal Offence’. Some contractors have unknowingly been involved in tax evasion, so we chatted to Sam Dean who has lead responsibility for HMRC’s corporate criminal offence work.
Sam gives us an easy to understand overview of the legislation, what to do if you think you might be involved in facilitating tax evasion, and details of HMRC’s current work in this area – which includes the recruitment sector.
There are lots of key takeaways from this episode, here are just a few of ours:
- The more guidance and communication that HMRC disseminates, the less someone can argue that they didn’t know about it;
- Without due diligence processes in place it’s hard to see how a company could mount any defence;
- The danger is thinking it’s someone else’s job in the supply chain to do the due diligence, but actually everyone should be doing it;
- Some companies are pulling out of mergers & acquisition deals if they are concerned about CCO risk;
- Waiting to see if competitors are prosecuted before taking action is incredibly risky – it’s a conscious decision that is not a defendable position.
Resources: Corporate Criminal Offence self-reporting portal
Reasonable preventative procedures (HMRC guidance)
HMRC Guidance on supply chain due diligence
Check if you might be involved in tax avoidance (HMRC guidance and tool)
Call for evidence about the umbrella market
Mini umbrella fraud – HMRC guidance
About Sam Dean Sam joined HMRC in 2009 and his career has centred around enforcement and investigation areas, mainly in and around offshore non-compliance. In his role as Assistant Director in Fraud Investigation Services, Sam is HMRC’s lead for all matters relating to Corporate Criminal Offence. In recognition of his achievements, Sam won Outstanding Young Professional at the Tackling Economic Crime Awards in 2021.
Looking the part is helpful when it comes to getting a job, but what if your circumstances prevent you from having anything suitable to wear for an interview? This happens to more people than you might imagine, and fortunately there are support services that can help. Today, we’re talking to a fantastic charity, Smart Works, about empowering women by giving them the clothes, practical skills and confidence they need to succeed.
In short, Smart Works supports their clients to secure a job. But it’s more than that. Gaining financial independence is transformative, improving individual lives, the lives of their families and communities. Jan Iceton, Chair of Smart Works Manchester, tells us more and these are just a few insights from our chat:
- When going for an interview aim to wear something that makes you feel the best version of yourself.
- Try not to wear clothes that are out of character, you should still look like you!
- Often the biggest barrier to securing employment is simply having a disadvantaged background.
- Employers could (and should?) be more open-minded when trying to fill available positions, particularly where there are shortages of workers.
- Smart Works services are available throughout the UK and via centres in Birmingham, Edinburgh, Leeds, London, Manchester, Newcastle and Reading
It seems to us that Smart Works clients get such a confidence boost that they’re almost a different person afterwards. In Jan’s words, “It’s not a hand out, it’s a hand held.” Truly inspirational stuff!
About Smart Works Smart Works is a UK charity that uses the power of clothes and coaching to transform a woman’s confidence. Their service is carefully designed, with kindness and respect at the heart of everything they do. It is about much more than the clothes their clients are gifted: it is about what the clothes allow each woman to become. When she looks in the mirror, she begins to see hope and possibility for a better future. Over 20,000 women have been empowered through Smart Works to date. After their appointment, 95% feel more confident about succeeding in their next interview, 97% feel more confident in their new outfit and 93% are more aware of their strengths and skills. Importantly, 62% secure a job within a month.
Smart Works services are available throughout the UK and via centres in Birmingham, Edinburgh, Leeds, London, Manchester, Newcastle and Reading.
For more information:
Warning, this episode might make you angry! The pandemic disproportionately affected disabled people – 60% of people who died of COVID were disabled in some way. Whilst this statistic is outside our control, inclusion is within our control. But disability is often at the bottom of the agenda when it comes to equality. So today, on International Day of Disabled Persons 2021, we’re talking to the brilliant Jane Hatton of Evenbreak about difficulties faced by disabled job seekers. We were surprised by how institutionalised the issues are and how easily they could be overcome.
Some of the many important takeaways from our chat are:
- Disabled people certainly aren’t charity cases! We urgently need to change the narrative;
- 80% of disabled job seekers say their biggest barrier is knowing which employers will take them seriously;
- Recruitment processes themselves often create difficulties for disabled people, but could easily be adjusted;
- Like anyone else, disabled people don’t apply for jobs that they can’t do – as Jane says “you wouldn’t get a blind person applying to be a forklift driver!”
- Platitudes such as stating “we are an equal opportunity employer” are inadequate unless backed by tangible action.
There are 14.1 million disabled people in the UK, and 19% of working age adults are disabled – that’s a lot of talent that employers are unwittingly missing out on. Just a little bit of thought and consideration by recruiters and employers can unlock this potential and bring huge benefits to everyone.
Making assumptions is wrong. Things like “Oh we can’t employ disabled people as we don’t have any ramps” just show a lack of understanding.
Listen to this brilliant episode and prepare to have your eyes opened to the institutional unfairness faced by disabled people. Whilst it isn’t deliberate discrimination, it certainly is not okay.
About Jane Hatton and Evenbreak Jane knew that employers struggled to attract disabled candidates, and that disabled candidates couldn’t tell which employers were inclusive, so she decided to connect the two! Jane created an exciting award-winning social enterprise called Evenbreak which is run by and for disabled people. The employers who advertise on Evenbreak are actively aiming to attract disabled candidates and the registered candidates want to work for inclusive companies. In addition, Evenbreak supports disabled candidates through their Career Hive which provides specific and relevant advice and guidance from careers professionals with lived experience of disability.
For more information:
Many temporary and agency workers are financially excluded, an issue that is not well known so we’re highlighting it in today’s episode. So what exactly is it, and why does it matter? To help answer these questions, we’re talking to Matt Oldham of Unizest, who tells us:
- One in four people in the UK will be financially excluded at some point in their life;
- There is a poverty premium; people who are paid the least get the worst service and options;
- Bank accounts are facilitators for life, yet workers don’t always have one so can’t be paid;
- Everyone has a right to be paid properly!
There is not enough awareness about financial exclusion which particularly affects workers from overseas who come to UK for critical, and often precarious roles. In the worst cases of financial exclusion there can be modern slavery which means that these excluded people have no basic rights and might not even be aware of their plight.
We all need to do more to tackle the problem, so start now by listening to this episode and increasing your own awareness of the issue.
Resources * Just Good Work app website * Association of Labour Providers / Stronger Together website * Gangmasters & Labour Abuse Authority (GLA) website * SAFERjobs (now JobsAware) website * Share code and immigration status information, UK government website
About Matt Oldham With an established fintech background and expertise in payment technology, Matt co-founded Unizest in 2021 in order to help newcomers to the UK get on with their life by providing a hassle-free e-current bank account. Through their innovative approach Unizest aims to smooth peoples transition to the UK by removing one of the biggest hurdles they face – setting up banking services.
For more information:
Following the off-payroll legislation that came into effect in April 2021, there has been an increase in the use of Statements of Work as a mechanism to engage contractors, and much talk about whether this ‘new’ type of contract is valid or not. To shed some light on the subject, we chat to Carla Roberts, Director of Legal Services at WTT Legal Ltd who updates us on what is currently happening, and how to ensure that your Statement of Work is compliant.
Some key takeaways are:
- Statements of Work have actually been around for years! They are now becoming more common as the market evolves toward demonstrating genuine B2B relationships;
- It’s essential to have clarity at the outset from both parties, and key contractual deliverables must be agreed;
- There is no such thing as a standard Statement of Work, the contractual detail will always need to be specific for each and every engagement.
- Some clients are putting unreasonable terms into the contracts – listen in to find out what these are!
Please note that the content discussed in this podcast episode involves complex legal issues and is intended to be used for general informational purposes only. Seeking specialist legal advice for your particular circumstances is strongly recommended.
About Carla Roberts Carla is a dual qualified lawyer (US/UK) and has extensive experience in employment law, IR35 advice, commercial contracts, data protection and insurance law issues. Prior to joining WTT, Carla was Senior Legal Counsel at Alexander Mann Solutions Ltd, Head of Legal at Gattaca PLC and Compliance Manager at Capita Group PLC. In her role at WTT, Carla is committed to ensuring that clients have access to a “one-stop shop” for all their legal needs, including employment, contracts, wills, estate and tax planning and insurance.
You can find out more about Carla and WTT Legal here:
The TUC recently proposed that umbrella companies should be banned and published an accompanying report detailing their research and analysis of the umbrella sector. Today we’re chatting with Matthew Creagh, TUC policy officer, about what led to their position and proposed ban.
Join us to find out more about:
- What led to the TUC’s position that umbrellas should be banned;
- Actions that could be taken to mitigate TUC member concerns;
- Proliferation of tax avoidance schemes which exploit workers;
- Broader context and the role of the wider recruitment sector;
- Whether statutory regulation of the umbrella sector could be an answer.
It’s a wide ranging conversation covering the TUC’s and their members’ perspective on the umbrella sector, and the issues that need to be resolved.
Resources Link to the TUC’s report on the umbrella sector:
Link to enforcement report that is mentioned in the discussion:
About Matthew Creagh and the TUC Matthew Creagh is policy officer at the TUC with responsibility for employment rights and related issues. Matthew has a law degree and a masters in labour law, plus some 15 years experience supporting worker rights and legal issues. The TUC is a democratic organisation which brings together more than 5.5 million working people who make up their 48 member unions.
This podcast builds on the earlier podcast done with Paul Chamberlain of JMW Solicitors looking at holiday for agency workers. Today we are joined by Lewina Farrell, a specialist legal advisor to the recruitment sector, to specifically look at the issue of whether agency workers were entitled to holiday pay whilst on furlough. We cover everything you need to know, including:
- What is furlough and why is holiday during furlough unclear;
- Official government guidance regarding holiday during furlough;
- Recent tribunal case which found that an agency worker did accrue holiday during furlough;
- Recent tribunal case which found that an agency worker did NOT accrue holiday during furlough;
- What those cases mean for temporary workers.
We also briefly discuss holiday accrual for workers who were employed by umbrellas and subsequently furloughed. Lewina simplifies a very complicated topic into just 30 minutes, well worth a listen if you aren’t sure!
About Lewina Farrell Lewina qualified as a solicitor in 2004 and worked at a leading trade body in the recruitment sector for 12 years including 10 years as Head of Legal Services. During that time she advised on lots of new legislation including in particular the Agency Workers Regulations 2010, GDPR and changes to IR35/ the Off-Payroll Rules in both the public and private sectors. Lewina is very well respected and has worked with government departments, including HMRC and BEIS. She has advised recruiters across a wide range of sectors such as construction, healthcare, logistics. IT, the GLAA sector and others.
Find out more on Lewina’s website:
Today we are delighted to chat to Connor Heaney, MD of CXC EMEA, about the international opportunities for temporary workers and contractors currently. Connor is very positive about the market currently from a workers perspective, and there are a lot of opportunities available depending on your exact sector and skillset. On a global scale skills shortages mean that firms are hiring and increasingly need temporary and contingent talent.
Some key insights from our chat are:
- There is a shift in power taking place currently, with workers in niche sectors increasingly able to name their price;
- There is an increasing use of online talent marketplaces by businesses looking to hire right now;
- Location is less of an issue than previously and businesses will hire the people they need wherever they are based;
- Compliance is essential, workers must ensure that they are engaged according to local regulations where they are based;
- The pace of change and demand for contingent workers is mind-blowing right now!
About Connor Heaney Connor is MD of CXC EMEA, a global HR outsourcer that connects businesses with contingent workers, bringing them the talent they need when they need it. Connor has spent the majority of his career in recruitment and has significant experience in supporting clients achieve their talent requirements. Connor’s focus is on solving CXC clients’ contingent workforce requirements, and is very busy!
For more information:
This is the second of our two-part special chatting about the unregulated umbrella sector with industry expert Crawford Temple. We rejoin the conversation discussing the lack of enforcement in the sector and the detrimental impact this is having. We go on to discuss some quick-wins that HMRC could easily implement which would support and empower workers whilst also raising standards in the sector.
Here are some of the key takeaways from part 2:
- It is fundamentally wrong that HMRC is going after workers rather than scheme promoters, plus workers are less able to tackle HMRC themselves (compared to scheme promoters who have access advice from specialist tax experts);
- None of the compliance issues within the umbrella sector are new, legislation already exists to tackle most of them – so better enforcement is needed;
- Effective umbrella sector regulation will take years to develop and implement, the sector must not be left untackled in the meantime;
- Workers should ensure that they always receive a payslips – dubious providers may be reluctant to give them but it’s your legal right;
- Workers MUST regularly check their personal tax record with HMRC to ensure that their tax and NICs is being paid properly.
Resources Part 1 of our conversation, episode 026 is available here
The report “The Good, The Bad, And The Ugly” is available here
The factsheet “Working through an umbrella company” is available here
About Crawford Temple Crawford has some 25 years experience in the umbrella sector and is owner of Professional Passport, the largest independent assessor of payment intermediary compliance. He is an expert in compliance and risk management across all sectors of the temporary workers market including contractors, recruitment companies, end clients and providers.
For more information:
There have been many calls for the umbrella sector to be regulated by the government, so we chat to industry expert Crawford Temple to find out his thoughts on the subject. His answer is very interesting: implement a system similar to financial services which has a track record of success and could achieve the same within the umbrella sector.
We discussed about so many umbrella-related issues that this is actually the first of TWO episodes with Crawford. Here are some of the key takeaways from part 1:
- The majority of umbrella compliance issues already have legislation in place to prevent them, so better enforcement is clearly needed;
- Regulation similar to that seen in financial services would make accreditors liable for the behaviour of their members, so accreditors would be forced to have real teeth;
- HMRC has vast amounts of information and data that could be used to detect potential tax avoidance schemes for targeted enforcement action;
- Where HMRC has had information about individuals’ tax, e.g. via RTI or self-assessment, there should be a limit of 12 months to take action against that individual for unpaid tax / NICs;
- It should never be possible for individuals to accrue tax debts over many years, this is fundamentally wrong and nothing is being done to tackle scheme promoters.
Resources The report “The Good, The Bad, And The Ugly” is available here
About Crawford Temple Crawford has some 25 years experience in the umbrella sector and is owner of Professional Passport, the largest independent assessor of payment intermediary compliance. He is an expert in compliance and risk management across all sectors of the temporary workers market including contractors, recruitment companies, end clients and providers.
For more information:
No doubt you will have heard about the Uber case, and several others that have cropped up recently in the gig economy. These all centre around the common theme of workers disputing their employment status and seeking certain statutory rights. If you are a temporary worker, do you know what your employment status is? Do you know that it might differ depending on whether a recruitment agency engages you, or whether you work through an umbrella?
It’s important because your employment status confers certain statutory rights that you are entitled to receive. To demystify this subject, we brought in employment law expert Paul Chamberlain, who very kindly talked us through employment status and why it matters. It’s well worth a listen to find out:
- The different types of employment status;
- Different statutory rights for different statuses;
- Likely statuses that temporary and agency workers might have;
- Rationale behind several employment tribunal cases in the gig economy;
- What should you look out for in relation to your employment status?
Let us simplify quite a complex subject – just 20 minutes of your time could prevent you being ripped off!
About Paul Chamberlain Paul is head of JMW Solicitors employment team in Manchester, and he has some 30 years employment law experience. He has a particular interest in, and nationally recognised expertise in, the law relating to the recruitment industry. Paul has significant experience in advising and providing training in employment status issues, Agency Workers’ Regulations, GLAA matters, Working Time Regulations and recruitment industry-specific regulatory matters.
Connect with Paul Chamberlain: Check out JMW Solicitors website: And their
It’s that time of year when many of us are heading off for a holiday, but do you know what your statutory rights are in relation to paid holiday? You might not think you get any! Or you might be missing out because you haven’t been claiming it! Well think again because it’s very likely you have a statutory right to paid holiday, even if you are a temporary worker.
To demystify this subject, we brought in employment law expert Paul Chamberlain, who very kindly talked us through how paid holiday works in practical terms for temporary and agency workers. It’s well worth a listen to find out:
- What is the holiday entitlement for agency and temporary workers;
- How can someone working on a series of temporary assignments receive their holiday;
- What is the difference between rolled up and accrued holiday;
- Understanding if the advertised pay rate includes holiday when comparing temporary roles;
- Whether Brexit might affect future statutory holiday provision here in the UK?
This is a brief discussion on quite a complex topic, so we’ve deliberately keep it short & sweet – just 20 minutes of your time could prevent you being ripped off!
About Paul Chamberlain Paul is head of JMW Solicitors employment team in Manchester, and he has some 30 years employment law experience. He has a particular interest in, and nationally recognised expertise in, the law relating to the recruitment industry. Paul has significant experience in advising and providing training in employment status issues, Agency Workers’ Regulations, GLAA matters, Working Time Regulations and recruitment industry-specific regulatory matters.
Connect with Paul Chamberlain: Check out JMW Solicitors website: And their
It isn’t long before the summer holidays will be upon us, we got thinking about how on earth young people (school / college / university leavers) could get started on their first ever job search. It’s a familiar quandary because employers often want experience, but coming straight from education people may not have work experience so where do they start? We chatted with career coach Hannah Salton who shared her insights and loads of top tips including:
- Start off by understanding yourself and what you want. Don’t try to put a square peg in a round hole!
- A lot of firms recruit trainees on potential rather than past performance, they don’t expect huge amounts of experience;
- The easier it is to apply the more competition there is, whereas being targeted is much more likely to yield results;
- Focus on what you can achieve and set goals that are within your control;
- Networking is exciting, it’s just meeting new people and new opportunities.
This is an episode that is jam-packed full of practical advice specifically for people leaving education and taking their first step into employment. It can seem monumental but it’s important to get started, especially as you can take small steps and build momentum.
About Hannah Salton Four years ago, after 8 years working in HR & Graduate Recruitment for global corporations, Hannah followed her dream of becoming a career coach. She had experienced both successes and setbacks during my career, and for many years Hannah didn’t think she would have the courage to make the career change – but she eventually did.
Using the experience of overcoming her own limiting beliefs, alongside her commercial recruitment experience, Hannah helps high-potential and motivated individuals understand their strengths and personal preferences, in order to put a structured plan in place to create their ideal career.
Contact Hannah on LinkedIn here: Check out Hannah’s website here:
Resources Book reference: ‘The Two Hour Job Search’ by Steve Dalton
Today we’re talking to Keith Rosser who is a man on a mission to protect workers from the increasingly complex scams that deliberately target vulnerable job seekers. He is an long standing friend of the show, and we caught up with him to find out about the latest job scams, the impact on victims, and to ask what exactly is being done about it?
Here are just a few of our key insights:
- There has been a 70% increase in reports of job scams in the last few months – this is just the tip of the iceberg;
- There is a human story behind every single reported job scam and the impact can be devastating;
- COVID-19 has created more vulnerable people who are susceptible to scams;
- The psychology of needing a job makes people less likely to question suspicious activity;
- There is evidence of fake jobs being linked to money muling, money laundering and ultimately funding terrorism.
It’s not just the immediate financial cost to victims, which ranges from £50 to £10k, but there is also possible longer term damage caused through identity theft and fraudulently taking out loans in victims’ names. Listen in to receive the latest information on exactly what cons these criminals are coming up with now, what you can do to protect yourself, and what action is being taken more widely through the government and other bodies.
JobsAware Importantly, we also chat about the launch of a brand new initiative, JobsAware, which provides free help and advice to UK workers who have suffered from job scams or unfair working practices. JobsAware works closely with BEIS, the Home Office, HMRC, law enforcement and DBS amongst others. You can find out more here.
About Keith Rosser Keith has been the Chair of SAFERjobs for over 10 years. He is a Group Director of the world’s largest family owned recruitment business, REED, and is Director of Reed Screening, a large pre-employment vetting business within the group. He Chaired the first cross-Government committee on the flexible labour market, the Association of Compliance Organisations (ASCOR). Keith was appointed to the Advisory Panel on UK Government’s response to the Good Work Plan, advised the Name Blind committee chaired by then Prime Minister, David Cameron, and received a Commendation Award from Home Office for services to the labour market in 2018.
Keith also Chairs several trade bodies and industry committees within the labour market, including the Criminal Records Trade Body (CRTB) with the DBS, Disclosure Scotland, and Access Northern Ireland. Keith is an Advisory Board Member at Cifas, the UK’s leading fraud sharing database. Keith is also Chair of Release Scotland which works with Scottish Government on criminal record reforms.
We know that the pandemic has caused an increasing number of people to enter the jobs market unexpectedly, and we also know how overwhelming it can be to suddenly find yourself needing to find work. For that reason we chatted to Maxine Hart from Wote Street People to create a podcast episode packed full of help and advice on how to get started. We cover everything from working out what role might suit you, to structuring your application, and how to give yourself the best possible chance of success.
Just a few of the top insights include:
- Don’t write a CV until you know what job you’re applying for, and don’t just rewrite your job description, think about the evidence for what you did;
- They’ve got to buy into you in the first half of the first page of your application, so your CV profile has got to be your brand, what are you going to bring that no-one else will;
- Culture fit is essential and it doesn’t matter that you don’t suit all companies, it’s about choosing what will work for you;
- Don’t allow a distraction (on your CV) to stop you being shortlisted – keep your CV precise and relevant to what they’re looking for.
- Temporary workers are super-heroes! You fly in, sort the problem and then disappear.
Some people might have been out of work for a while due to being furloughed, so we also spent some time discussing how to present gaps on CVs. Similarly we also talked about how to sell yourself if you are someone that has closed your business and now back on the jobs market for the first time in years. This really is a truly practical episode with lots of useful help that you won’t want to miss!
Resources Mind the Gap, read more here
Where Are They Now – Previous Temps Flourishing, read more here
About Maxine Hart Maxine has some 20 years recruitment experience, and she loves it! She is also a career practitioner, employability mentor at her schools education & business partnership and is a trustee at her local jobs club, so is the perfect person to help us today. Maxine meets people of all backgrounds every day and is still interested in what they have to say about themselves. You can contact Maxine here:
When searching for a job, whether it’s your perfect career move or a temporary stop-gap, it’s likely you will face rejection at some point as all the best candidates do. The current jobs market is very competitive meaning that rejection is even more likely, so we chatted to the brilliant Tamzin Louise, Interview Cheerleader about how to find your inner resilience. Dealing with rejection is hard at any time, but particularly so when applying for jobs because working and earning income matters so much. So Tamzin shares with us her thoughts on what we can do to remain confident, believe in ourselves and be ready for success in the future.
Top insights include:
- Resilience is how we adapt, remain courageous, stay strong and turn adversity into a positive;
- You have a choice, you can either let rejection spiral into negativity and downward thoughts, or you can choose to be resilient and stronger for it;
- In order to deal with rejection, we first need to understand why we weren’t successful so that we can give ourselves the best possible chance next time;
- We all have the potential to regain our self-esteem, silence our inner critic, and feel confident going forwards.
Exclusive Special Offer for Listeners 10% discount on Interview Cheerleader courses, 1:1 services and downloadable PDF guides.
Simply use this code: iworksuccess
which is redeemable on the Interview Cheerleader website https://tamzinlouise.vipmembervault.com
About Tamzin Louise, the Interview Cheerleader Tamzin has a background in business psychology and she is an author with over 20 years of recruitment experience. She is passionate about sharing her knowledge and experience to support you to achieve the career of your dreams. You can contact Tamzin here:
In the second of a two-part special we chat to Meredith McCammond from the Low Incomes Tax Reform Group (LITRG), as she’s the lead-author of a newly published in-depth report examining the UK’s umbrella industry. The report pulls together data from lots of different sources and provides an independent overview of the sector. LITRG’s research included talking with sector experts, reviewing umbrella company offerings and posts in contractor forums and mining the group’s own query database for evidence.
The resulting report explores the benefits and complexities of umbrella companies. In today’s chat, we’re covering:
- Coronavirus Job Retention Scheme and interaction with umbrellas;
- Government’s (lack of) progress towards regulating the umbrella sector;
- Disguised remuneration schemes;
- Umbrellas and the construction sector;
- New and evolving umbrella models.
If you missed part 1, you can listen to it here:
Meredith is a Chartered Tax Advisor and has been with LITRG 8 years. Prior to LITRG, Meredith was with a Big 4 firm specialising in expat tax. As a Technical Officer at LITRG she has specialist knowledge about issues affecting agency workers, intermediaries, umbrellas, payroll, gig economy and false self-employment. She volunteers for TaxAid.
Resources Download the LITRG report here.
Contact the Low Incomes Tax Reform Group via these links:
In the first of a two-part special we chat to Meredith McCammond from the Low Incomes Tax Reform Group (LITRG), as she’s the lead-author of a newly published in-depth report examining the UK’s umbrella industry. The report pulls together data from lots of different sources and provides an independent overview of the sector. LITRG’s research included talking with sector experts, reviewing umbrella company offerings and posts in contractor forums and mining the group’s own query database for evidence.
The resulting report explores the benefits and complexities of umbrella companies. In today’s chat, we’re covering:
- Data about the umbrella sector
- Financial position of umbrellas
- Umbrella worker pay rates
- Umbrella worker contracts
- Misunderstandings about how umbrellas operate
Meredith is a Chartered Tax Advisor and has been with LITRG 8 years. Prior to LITRG, Meredith was with a Big 4 firm specialising in expat tax. As a Technical Officer at LITRG she has specialist knowledge about issues affecting agency workers, intermediaries, umbrellas, payroll, gig economy and false self-employment. She volunteers for TaxAid.
Resources Download the LITRG report here.
Contact Low Incomes Tax Reform Group via these links:
In this episode Julia discusses why she is feeling positive about 2021, and why you should too! Things are definitely looking up as there is certainly increasing demand in the jobs market, particularly for temporary and agency workers in the UK. Listen to the episode to find out the latest job market stats, which sectors have shortages currently, and the most in-demand job roles. Crucially, we also talk about the most in-demand skills that hirers are looking for, and that candidates should emphasise when applying for jobs.
We cover Key Information Documents which recruitment firms are legally obliged to provide to their candidates in order to outline the type of contract the worker will be engaged on, pay illustrations and other essential details. These will enable you to make an informed decision about how you want to work, and what that means for your particular circumstances.
We also talk about why firms are choosing temporary and freelance workers rather than permanent employees, and why that is set to continue during 2021. In addition, there are numerous other types of work opportunities which you may want to consider, for example within the sharing economy.
Resources Sharing economy podcast, “Countless Opportunities for Everyone” listen here
Current Job Scams podcast, “An Interview with Keith Rosser, Chair, SAFERjobs” listen here
All About Self Employment podcast series, listen here
About Julia Kermode Julia is a podcaster, network builder and campaigner, and she set up IWORK (www.iwork.co.uk) in 2020. Championing independent work, the website provides a wide-range of resources to help all types of independent workers, from agency workers, temps, gig workers, contractors, freelancers and the self-employed. She has significant knowledge, experience and insight into tax and legal issues affecting the independent workforce and the temporary labour supply chain.
Following on from our last episode where we discussed the different mechanisms that recruitment agencies might engage you to work for clients, today we are focussing on a new type of contract, a Statement Of Work. Well, they aren’t actually new, but you could be forgiven for thinking that they are! Statements of Work are getting a lot of airtime currently because these contracts might be useful in the context of off-payroll legislation changes which will soon be upon us.
To get the lowdown on the detail, we chat to Carla Roberts, Director of Legal Services at WTT Legal Ltd. She has a wealth of experience in the recruitment agency world, and has spent considerable time advising firms on the detail of Statement of Work contractual arrangements. If you’re unsure what one is, and you work on a short-term contract basis, then you need to listen in!
Amongst other things we cover how a statement of work differs to other types of contractual engagement; who is it applicable to; what should be included in a statement of work; what the risks to each party; and what are the common errors. During the episode we mention HMRC’s internal manual which you can access here.
Key insights include: * Detailed project planning is required at the outset * Ensure that you understand the practical impact of any contractual indemnities * Don’t allow the scope of work to diverge away from what is specified at the outset
Please note that the content discussed in this podcast episode involves complex legal issues and is intended to be used for general informational purposes only. Seeking specialist legal advice for your particular circumstances is strongly recommended.
About Carla Roberts Carla is a dual qualified lawyer (US/UK) and has extensive experience in employment law, IR35 advice, commercial contracts, data protection and insurance law issues. Prior to joining WTT, Carla was Senior Legal Counsel at Alexander Mann Solutions Ltd, Head of Legal at Gattaca PLC and Compliance Manager at Capita Group PLC. In her role at WTT, Carla is committed to ensuring that clients have access to a “one-stop shop” for all their legal needs, including employment, contracts, wills, estate and tax planning and insurance.
You can find out more about Carla and WTT Legal here.
If you’re completely new to finding work via a recruitment agency then you can be forgiven for being overwhelmed by the various contractual options you might be offered. There is a confusing array of choice, and each one has different tax and employment rights implications. To bring some clarity to a very confusing subject, we talk to legal and compliance consultant Bernie Payne, who has many years experience of the recruitment sector. We uncover:
- Why both employment status and tax status is important;
- What is agency PAYE and why might you want to choose it;
- Why you might want to consider being engaged via an umbrella;
- The pros and cons of being a sole-trader seeking work via a recruitment agency;
- Working via your own limited company, aka personal service company;
- Circumstances when you might be directly engaged by the client hiring you.
This is such an important topic to understand as it’s ultimately your choice and the pros and cons of each vary considerably. With Bernie Payne’s expertise we simplify all the options for you so that you are empowered to make the best choice for you. Enjoy!
About Bernie Payne Bernie Payne is a proactive, commercially-focused professional with over 20 years’ expertise in legal, commercial, compliance and project management roles. She provides businesses with advice and support that reflects the ‘real world’ and has specialist expertise in recruitment. You can find out more about Bernie here:
You can contact Bernie here:
Following on from our last episode on job interview skills, today we’re looking specifically at how to nail a presentation during a job interview. To help us we’re talking to Catherine Sandland, who coaches aspiring TEDx talk speakers and is herself a successful TEDx talk presenter. So if you’ve got a job interview coming up which includes a presentation, whether it’s for your dream job or more of a stop-gap role, you will want to present clearly and confidently. Catherine talks us through how you might approach it, including:
- The first thing to do when you’ve been given a presentation to prepare
- How to be engaging when presenting online vs in person
- Common mistakes that people tend make
- Dealing with nerves
Listen in to give yourself the best chance of success!
About Catherine Sandland “Presenting Queen” Catherine specialises in moving people from panic to poise when it comes to how their present themselves and their business. She understands how vital it is to be able to communicate confidently and effectively if you want to develop and grow your organisation. And if you want to make things happen. She’s been helping leaders, managers, business owners, trainers and consultants with their communications, and specifically presentation skills for over 21 years.
You can contact Catherine here:
So you’ve managed to get yourself that elusive opportunity – a job interview! How are you going to give yourself the best chance of success? By listening to our chat with Interview Cheerleader, Tamzin Louise, that’s how! She has a fantastic track record in supporting people to achieve their dream job through honing your interview skills. So whether the interview is for a career-defining position, or a temporary role to keep you going, it is always worth preparing and giving yourself the best chance of success. Today we cover a wide range of topics including:
- What to consider when preparing for online interviews
- What if you’re just starting without much relevant experience?
- What about career changes?
- Confidence-building strategies
- What does the interviewer look for?
We do of course touch on typical interview questions too! Job interviews have changed over the years, so if you haven’t been to one in a while this episode is well worth a listen to ensure you are bang up to date with what your interviewers are looking for.
Exclusive Special Offer for Listeners 10% discount on Interview Cheerleader courses, 1:1 services and downloadable PDF guides.
Simply use this code: iworksuccess
which is redeemable on the Interview Cheerleader website https://tamzinlouise.vipmembervault.com
About Tamzin Louise, the Interview Cheerleader Tamzin is an author with over 20 years of experience on both sides of the table, being interviewed, and interviewing. She is passionate about sharing her knowledge, experience of interviewing and the interview process – whether you are a business or an individual, Tamzin wants to support you.
You can contact her here:
With so many different official statistics and varied opinions about the jobs market, we decided to bring you an overview of what is really happening in the UK’s jobs market and where the opportunities are. We talk to Belinda Johnson, founder of Worklab, who has for many years been deciphering government statistics, data and market intelligence into useful insights on the UK’s workforce. This episode is essential listening for all UK job seekers who want to know:
- What the latest official figures tell us;
- What are the trends in employment rate and redundancies?
- Are job vacancies really on the increase, and is it just for temporary placements?
- Which sectors are growing, where are the bright spots?
- What is the outlook for UK employment post-COVID?
Let this episode help you understand the trends, where there might be opportunities, and the longer term outlook.
About Belinda Johnson Belinda’s business is a workforce market intelligence consultancy, so it’s her business to monitor and understand everything that is going on in relation to jobs and employment. The UK’s workforce is constantly changing and evolving, it’s difficult to keep up – and that’s why Belinda enjoys her job! You can contact her on social media here:
Recruitment is often a vilified profession, much-maligned by candidates who feel they are poorly treated. And as our audience (you!) consists of agency workers we thought we should examine why. To help us do that, we spoke to Tim Jacob who has some 25 years experience as a recruiter and now advises recruitment firms on how to grow, increase profitability and deliver value.
In considering how tensions arise, we first need to understand that the role of recruitment is much much broader than simply placing candidates into vacancies, yet ultimately it is getting such placements right that drive profits. We also need to understand that recruiters have two different audiences: clients who pay for the service, and candidates who might go on to work for the clients. The needs of these two audiences are not always aligned, and occasionally there are unrealistic expectations from either or both parties. Join us for lots of eyeopeners about how recruitment actually works in practice, why it is important to understand this, and how you can use the insights to your advantage.
About Tim Jacob * Tim began his career in Technology Recruitment with Computer People in 1995 as part of their Graduate Recruitment Scheme. * Spent 13 years as Commercial Director at Rethink Group a Technology Talent Solutions company making circa 8,000 placements (contract and perm) per year into to media, tech and digital space. * Sat for 2 years on the board of the REC, the largest trade body for the recruitment profession. * Now works at Squadrato which provides the practice advice, senior counsel and action-led consulting that businesses need to develop from transactional recruitment agencies in to professional providers of staffing services. * Squadrato’s website is here * Squadrato’s LinkedIn page is here