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March 2021

IR35 – check your contracts

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Originally scheduled for implementation in April 2020, this was bound over to now take effect on the 6th April 2021.  Changes to the off-payroll tax legislation require you to identify self-employed consultants who offer their services through a limited company (personal service company) to your company.  Please defer to the government online tools to determine if you have an obligation as a company to deduct income tax and national insurance contributions at source when paying the contractor https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm11000

You will also need to make clear in all consultant contracts whether the relationship falls inside or outside IR35. The changes will only affect medium to large companies, and it has been indicated that similar criteria as used in the Companies Act 2006 will be applied to define a medium/large business, which broadly indicates that a company will fall into this category if it has two or more of the following:

  • a turnover of more than £10.2m;
  • a balance sheet total of more than £5.1m;
  • 50 employees or more.

Asda – Equal Pay – Supreme Court

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The Supreme Court has given a judgement in favour of Asda workers allowing them to continue with their equal pay claims. The workers argued that they should be entitled to compare themselves with distribution staff when considering equal rates of pay. The Supreme Court agreed. However, this is not the end. An employment tribunal will next have to decide whether the store and distribution roles were of “equal value” and, if so, they would then have to consider whether there are any reasons, other than gender, as to why there should be different levels of pay between the stores and distribution centres. Each stage is also likely to include appeals to Employment Appeals Tribunal, Court of Appeal and Supreme Court therefore it is likely to be many years before we have a final verdict.

Staying Covid Safe in 2021

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Please see below link to the new version of the Covid Secure poster for employers which should be displayed in a prominent position within your workplace.

For any Health and Safety queries, please contact your Health & Safety Consultant directly.

If you are NOT subscribed to our Health & Safety services and wish to have more information about our service, please contact Julieh@elcons.co.uk

 

staying-covid-19-secure-notice – New Version

New Shielding Guidance for the Clinically Extremely Vulnerable Comes into effect – 1st April 2021

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From 1 April you will no longer be able to offer Statutory Sick Pay (SSP) to employees on the basis that they have been advised to shield.  A new guidance regime also comes into effect on the 1st April to accompany the change for those classed as “clinically extremely vulnerable”.

 

Your employees in this category will receive a letter from the NHS which in summary outlines:

 

  1. From 1 April 2021 clinically extremely vulnerable people are no longer advised to shield and will no longer be eligible for SSP if in receipt of this for reasons of shielding.
  2. The letter offers guidance on how to remain protected as they re-enter the workplace if homeworking is not an option: gov.uk/coronavirus. (Guidance, not rules, so this can be overridden at the individual’s discretion).
  3. Reminds them that social distancing and roadmap rules now apply to them as they do to others and must be adhered to.
  4. Reminds them of the vaccine availability and also of other support which may be on offer to them.

 

To view a sample of the letter your employee may receive, please visit: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/970375/Clinically_extremely_vulnerable_letter__guidance_from_010421.pdf

Chancellors announcement today.

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Here are the key points following Rishi Sunak’s announcement earlier:-

  1. Furlough extended until the end of September 2021
  2. Government to continue paying 80% of employees wages for hours staff cannot work
  3. Employers asked to contribute 10% in July and 20% in August and September
  4. National Minimum Wage to increase to £8.91 from April 1st 2021.

Call us for advice if you need to. 01422 822842