Empowering Agency Workers

Empowering Agency Workers

By Julia KermodeBusiness
Download on the App Store

Empowering Agency Workers episodes

  • Understanding Your Pay Rate Via An Umbrella
    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:   
      25 min
    • Your Holiday Entitlement Could Be Changing!
      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.
        17 min
      • 042 Holiday Pay For Temporary Workers - The Pimlico Plumbers Case
        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 [email protected] 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.
          23 min
        • 041 Why do recruitment agencies have lists of preferred umbrellas?
          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:     
            30 min
          • 040 Should Temps & Contractors Be Able To Choose Their Umbrella?
            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.   
              28 min
            • 039 What Does True Inclusivity Look Like In Recruitment? Part 2 of 2
              "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:        
              24 min
            • 038 What Does True Inclusivity Look Like In Recruitment?
              “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.
                We chatted for so long that we split the recording into two episodes.  You can listen to part 2 here.
                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:        
                31 min
              • 037 Why We Should Abolish Umbrella Preferred Supplier Lists
                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.
                27 min
              • 036 Loan Charge Settlement Proposal

                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.

                  For more information:      

                   

                  34 min
                • 035 Why You Need To Know About Corporate Criminal Offence

                  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.

                    41 min

                  About Empowering Agency Workers

                  From the publisher's feed

                  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…