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Articles by Freelance workers
Ping® By AdlerLaw - NYC Written Contracts & Freelance Workers
Ping® by Adlerlaw Reminder: NYC Requires Written Contracts For Freelance Workers New York City’s Freelance Isn’t Free Act defines freelance workers as any individual hired or retained as an independent contractor by a hiring party to provide services for compensation.
Tax compliance: it’s vital to audit your resource supply chain
Photo: Shutterstock With revelations about the use of umbrella companies and the advent of IR35, companies need to urgently examine their supply chains for compliance issues, writes Matt Fryer. The recent implementation of new IR35 legislation has focused attention on resource supply chain compliance.
Amendments tabled to curb umbrella companies
Shutterstock Two amendments have been tabled to chancellor Rishi Sunak’s Finance Bill currently passing through parliament to ‘curb or kill’ umbrella companies. David Davis MP, supported by Sir Iain Duncan Smith MP and Andrew Rosindell MP, have submitted the law changes in response to proposals put forward by employment experts earlier this week to an all-party parliamentary inquiry.
Pensions Regulator: Gig firms should offer pensions
The Pensions Regulator is working with Uber to set up a workplace pension MOZCO Mateusz Szymanski / Shutterstock.com Workers in the gig economy should be offered a workplace pension, the UK’s pensions watchdog has said.
Spain passes landmark gig economy law
A Glovo rider in Barcelona davide bonaldo / Alamy Stock Photo Food delivery and courier companies in Spain have three months to employ drivers as staff under a landmark new law. The law, given royal decree last week, requires employers in this sector to hire any workers currently freelancing for them by mid-August, and will affect around 30,000 couriers. Spain is the first country in the EU to legislate on employment status in this way.
Gary Lineker faces IR35 tax accusation
Gary Lineker presenting a football match for the BBC Photo: Alamy HM Revenue and Customs has accused football and TV star Gary Lineker of having a £4.9m tax liability and of being a ‘disguised employee’ under IR35. The tax authority is seeking £3.6m in income tax and £1.3m in national insurance contributions from Lineker for work he performed for the BBC between 2013 and 2017, and for BT Sport during the 2015-16 and 2017-18 tax years.
IR35 changes take effect in private sector
Shutterstock Changes to the off-payroll working rules – known as IR35 – take effect in the private sector today (6 April). It means that the responsibility for determining the employment status of a contractor will shift to the organisation using their services. The rules apply to all medium and large-sized private sector firms, as well as all public sector authorities.
Investment giants opt out of Deliveroo flotation over workers’ rights
Photo: Shutterstock Gig economy firms have been given a stark warning over the treatment of gig workers by two of the UK’s largest fund managers. Aberdeen Standard and Aviva Investors, which manage over £800bn combined, have said they will not take part in Deliveroo’s forthcoming flotation because of the working conditions of its riders.
Four in 10 firms unprepared for IR35
Shutterstock Nearly four in 10 (38%) mid-sized organisations are not prepared for the introduction of IR35 off-payroll working changes, with just under three weeks to go until they take effect. According to accountancy firm Grant Thornton, only six in 10 employers are ready for the upcoming changes, despite organisations having had an additional year to prepare for the extension of updated IR35 rules into the private sector.
IR35: An opportunity to rethink how skills are sourced?
Shutterstock Before the pandemic the conversation around the extension of IR35 into the private sector was dominated by reports of blanket-bans on contractors and fears of bureaucracy. But, as Ashleigh Webber reports, organisations may now see it as an opportunity to think about how they source the skills needed for recovery. There’s been no shortage of bad press about the extension of the off-payroll working rules – known as IR35 – to the private sector since it was announced in the 2018 budget.
Spain to be first in EU to give gig economy workers employee rights
Photo: Shutterstock Spain is set to legislate to give employee rights to gig economy workers and unions in the country a far greater influence over the how the gig economy operates. Labour minister Yolanda Diaz said on 11 March that platform workers would be given employee status while unions would gain the right to access algorithms used by companies such as Uber to manage their workforce.
Deliveroo to pay drivers bonuses of up to £10,000
Ed Rooney / Alamy Stock Photo Fast-food delivery giant Deliveroo has announced it is setting aside a £16 million ‘thank-you’ fund to reward its most loyal riders as part of its plans to float on the London Stock Exchange later this year. The payments range from £200 (given to drivers who have been with the business for at least one year and have completed 2,000 orders), rising to £500, £1,000 and even £10,000 based on length of service and number of deliveries.
Half of firms yet to prepare for IR35 changes
The IR35 changes take effect in April 2021 Image: Shutterstock More than half of organisations that use contractors are yet to prepare for changes to the off-payroll working rules that come into effect in April 2021.
Gig economy: Just East offers couriers better terms
Steven Paston/Empics Entertainment Food delivery company Just Eat has announced it will offer couriers pay by the hour rather than by per job in a boost to gig economy workers. It said the move will mean its workers will earn at least the national minimum wage, increasing the security of their income. Starting in London but with the rest of the UK to follow next year, Just Eat will also pay pension contributions, holiday pay, sick pay and maternity or paternity pay.
Self-employment surge driven by tight jobs market
There has also been a rise in self-employed IT professionals, according to the IFS Shutterstock There has been a surge in ‘solo’ self-employment in recent years with many people taking the option because they had lost their job and could not find alternative employment, rather than pursuing appealing business opportunities.
California votes to preserve Uber and Lyft drivers’ gig status
Photo: Shutterstock In a ballot somewhat overshadowed by the US presidential election, which took place on the same day, California voted to exempt Uber and Lyft drivers from being classified as employees. Proposition 22 (a kind of referendum that can be brought about by writing a proposed law as a petition, and submitting it to the California attorney general), was held on 3 November, giving California voters a chance to decide the status of the firms’ workers.
Uber and Lyft may halt services in California
Photo: Shutterstock Uber and Lyft are on the verge of temporarily closing down their taxi services in California. The dramatic move, which could be enacted this week, hinges on whether a state judge allows them an appeal or more time to reclassify their drivers from contractors to employees, as has been required by law since the passing of Assembly Bill 5 (AB 5) January.
CitySprint loses third worker status case
Olaf Kruger / imageBROKER/REX/Shutterstock The IWGB is calling on government to better enforce employment status laws after the union took CitySprint to tribunal three times for denying workers basic protections. The Independent Workers’ Union of Great Britain (IWGB) claimed victory over CitySprint after arguing that five couriers were misclassified as independent contractors, rather than workers and are consequently entitled to holiday pay.
Hairdresser was an employee and not self-employed, finds tribunal
Photo: Shutterstock (posed by models) A self-employed hairdresser has gained the right to claim for notice, holiday and redundancy pay in a ‘landmark’ case that has the potential to alter working conditions for thousands of beauty industry workers. An employment tribunal agreed that 26-year-old Meghan Gorman should be entitled to the benefits of an employee at the central Manchester salon where she had worked on a self-employed basis.
We cannot delay IR35 reforms any further, government says
Image: Shutterstock There should be no further delay in addressing the long-standing ‘unfairness’ of contractors paying less tax than employees in situations where their work should be classified as an employment relationship, the government has said.
IR35 changes will go ahead in April 2021
Shutterstock The changes to off-payroll working rules in the private sector, known as IR35, will go ahead in April 2021 after MPs voted against an amendment to delay them for at least two years. An amendment to the Finance Bill, put forward by MPs David Davis and Ed Davey, would have delayed the controversial reforms until 2023-24, however MPs defeated the motion yesterday evening (1 July).
Second support grant available for self-employed workers
Self-employed workers such as personal trainers will be eligible for a second grant from August Shutterstock The government will offer self-employed workers a second and final grant in August, it has been confirmed. Chancellor Rishi Sunak announced the Self-Employment Income Support Scheme (SEISS) would pay out a second grant worth 70% of monthly trading profits on Friday, alongside further details on the extension of the Coronavirus Job Retention Scheme.
California sues Uber and Lyft over driver benefits
California state attorney general Xavier Becerra said Uber and Lyft owe their drivers benefits and protections. Photo: Chris Allan/Shutterstock The state of California is suing the ride-hailing technology companies Uber and Lyft for failing to provide benefits and protections for their drivers including the minimum wage, overtime premium pay, paid sick leave and paid family leave.
European court issues worker status clarification in Yodel case
Shutterstock The European Court of Justice has provided some clarification around how ‘worker’ status is defined under EU law, but has stopped short of making a judgment in a case involving the employment status of a Yodel courier. The court considered questions posed by the Watford Employment Tribunal, which last year raised concerns that the UK’s definition of ‘worker’ status might be incompatible with how it is defined by the EU when considering the case.
House of Lords: IR35 'riddled with problems'
Lord Forsyth of Drumlean, in 2019. House of Lords/PA Archive/PA Images The IR35 rules are ’riddled with problems, unfairnesses, and unintended consequences’, according to a House of Lords committee looking into the impact of off-payroll working reforms. The Economic Affairs Finance Bill Sub-Committee said the IR35 rules, which aim to tackle tax avoidance by contractors in “disguised employment”, have not worked properly in their 20-year history.
Chancellor set to unveil self-employed support
The measures will be announced at the Prime Minister's daily press conference JULIAN SIMMONDS/Daily Telegraph/PA Wire/PA Images Chancellor Rishi Sunak will unveil measures later today (26 March) to support self-employed workers who have been hit financially by the coronavirus. Last week the government announced that it would cover 80% of employed workers’ salaries up to £2,500 per month, backdated to 1 March.
Government considers Statutory Self-Employment Pay
Image: Jane Barlow/PA Wire/PA Images The government is considering introducing Statutory Self-Employment Pay, following pressure from many who fear the current lockdown to stem the spread of the coronavirus will prevent them from receiving a sufficient income.
IR35 reforms postponed until April 2021
Chief secretary to the Treasury Steve Barclay announced the delay yesterday Image: Kirsty Wigglesworth/AP/Shutterstock Changes to the IR35 off-payroll working rules in the private sector have been delayed by 12 months in response to the growing business uncertainty surrounding the coronavirus pandemic.
Bolt driver to bring employment status case
Bolt is a minicab app similar to Uber Pic from Bolt A driver is bringing an employment status case against taxi-hailing company Bolt after he was expelled from its platform for refusing to take enough fares. His case could open the floodgates for other claims from Bolt drivers, according to the Independent Workers’ Union of Great Britain, which estimates there are around 35,000 Bolt drivers in London.
IR35 review: changes will go ahead in April
Image: Shutterstock Despite intense lobbying to delay their introduction, the government has confirmed that changes to IR35 rules in the private sector will go ahead on 6 April 2020, following a review of the impact the reforms will have.
Eamonn Holmes defeated at IR35 tax tribunal
Image: Ian West/PA Wire/PA Images Television presenter Eamonn Holmes could face a tax bill of up to £250,000 after an IR35 tax tribunal ruled he should have paid income tax and national insurance contributions as if he was an employee. Holmes, who presents ITV programme This Morning, claimed that he was paid as a freelancer through his personal company Red White and Green, and therefore did not owe any income tax or national insurance contributions between 2011 and 2015.
HMRC announces minor delay to IR35 changes
Shutterstock HM Revenue and Customs has announced a slight delay to the off-payroll working rule changes that come into effect on 6 April 2020. HMRC are starting to realise just how difficult these rules will be for businesses to implement” – Andy Chamberlain, IPSE Off-payroll working rules for larger private sector companies will now only apply to payments made for services provided from 6 April 2020.
Recruiters push for IR35 reform delay to avoid ‘damaging’ growth
Reed, one of 14 recruitment firms to write to the Treasury. Photo: Shutterstock Recruitment firms are pressing for the government to delay introducing private sector IR35 tax changes until 2021, which they say will enable businesses to better understand the legislation and avoid further work being taken overseas.
IR35 review ‘will not change legislation’
The legislation will come in on 6 April 2020. Shutterstock The government will not consider changes to legislation as part of its review into new IR35 tax rules, it has been claimed. According to the Recruitment & Employment Confederation, HMRC has clarified that the review, launched on Tuesday, would be limited to how the off-payroll working rules are implemented in the private sector and would not seek to change the legislation itself.
IR35: Review into off-payroll working changes launched
Shutterstock The government has launched a review into changes to IR35 off-payroll working rules just three months before their planned introduction into the private sector. The rules, set to be implemented on 6 April, will shift the responsibility for determining the tax status of a contractor from the worker to the organisation using their services.
Conservatives would review IR35, claims Sajid Javid
Tom WIlkinson/PA Wire/PA Images The Conservative party would review the IR35 rules ahead of their introduction to the private sector next year, Sajid Javid has vowed. Speaking on BBC Radio 4’s Money Box programme, the Chancellor of the Exchequer said he wanted to ensure the proposed changes to off-payroll working rules, due to take effect in the private sector in April 2020, were “right to take forward”. “We’ve already said that we’re on the side of self-employed people.
TUPE: Do employers need to consider ‘workers’?
When managing a TUPE process, how much should employers consider 'workers'? Image: Shutterstock The legal distinction between employee and worker usually focuses on rights such as leave and pay, but what happens in the case of a TUPE transfer? Charles Wynn-Evans examines a recent employment tribunal decision on who counts as an employee for the purposes of TUPE.
Musicians call for better freelance protections from sexual harassment
Stock photo by Shutterstock The Musicians’ Union is campaigning for stronger protections from sexual harassment and discrimination after almost half of members surveyed said they had been sexually harassed at work, and more than half had witnessed incidents of sexual harassment while working. The MU said it had seen musicians, mostly female, threatened, bad mouthed to colleagues, fired, not hired again and even sued by perpetrators.
Gig economy: NHS faces two-day strike at Royal Mail’s eCourier
Drivers and riders working for eCourier, a same-day delivery service owned by Royal Mail Group, have voted for strike action, after the company refused to grant them basic employment rights and a living wage. The couriers, 90% of whom voted in favour of action, plan to strike on 10-11 October, affecting deliveries for NHS hospitals in London and numerous other eCourier clients such Goldman Sachs and Deloitte.
IR35: HMRC’s defence of status tool is like ‘climate change denial’
Shutterstock Campaigners have accused HM Revenue & Customs of acting in a manner “akin to climate change denial” in its defence of its Check Employment Status for Tax (CEST) tool.
'Extend whistleblowing protections in line with new EU law'
Photo: Shutterstock The government is being urged to adopt new EU whistleblowing legislation, to avoid the risk of UK whistleblowers being left behind with out-of-date law. New EU laws, being ratified today (16 April) would broaden whistleblowing protections in the UK to cover more people with public interest concerns, such as job applicants, non-executive directors, volunteers and self-employed workers. It would also introduce a whistleblower regulator in member countries.
A return-to-work model for workers without OH? A personal perspective
Now making a full recovery following his heart operation before Christmas, Nic Paton’s experience of being in hospital and post-operative recuperation helped to crystallise some of his thinking around what might help in terms of return-to-work support for those who do not have access to OH. But do you agree?
IR35 in the private sector: what constitutes ‘reasonable care’?
HR professionals will need to investigate their obligations when it comes to IR35 The government has recently published a consultation paper with its proposals to extend off-payroll working rules to the private sector. Employers will need to take “reasonable care” that they have assessed employees’ tax status, but what does that mean? Joe Tully explains.
HMRC reveals private sector off-payroll working changes
Her Majesty’s Revenue & Customs (HMRC) has unveiled a series of reforms to off-payroll working in the private sector, following changes that were made to the use of contractors in the public sector. A consultation published this week seeks views on extending the changes to the rules – known as IR35 – into the private sector after they were applied to public organisations in 2017.
Budget 2018: IR35 changes extended to the private sector
The changes to IR35 regulations will be extended to the private sector, the Chancellor of the Exchequer has confirmed in his Budget. However, the change will be delayed until April 2020 and will only apply to large and medium-sized organisations. In April 2017 the government introduced new rules to deter public sector employers and workers from using off-payroll working to reduce their tax liabilities.
U-turn on tax cut for self-employed
Robert Jenrick, treasury minister, made the announcement in a written statement to parliament Joel Goodman/LNP/REX/Shutterstock The Treasury has announced that it will not abolish Class 2 national insurance contributions (NICs), a policy the Conservative party had pledged in its 2015 election manifesto.
IR35 changes have 'seriously damaged' the NHS
Changes to self-employment tax rules have “seriously damaged” the NHS and the public sector, according to research by the Association of Independent Professionals and the Self-Employed (IPSE) and the CIPD. The research, based on responses from 867 contractors and 115 hiring managers – 84% of whom were from NHS Trusts – found that 51% of public sector hiring managers had lost skilled contractors as a direct result of the changes to IR35 regulations.
More than £800m generated from HMRC payroll investigations
HMRC collected £819m in additional tax through payroll investigations last year, as it continued to crack down on organisations that wrongly classify workers as self-employed. It was a 16% increase on the additional tax generated in 2015/16 and was recovered following payroll investigations by its employment status and intermediaries team, which was set up to investigate businesses that have declared a high number of self-employed workers.
Uber application to send case straight to Supreme Court is refused
Former Uber drivers James Farrar and Yaseen Aslam arrive at the Employment Appeal Tribunal last month Vickie Flores/LNP/REX/Shutterstock Uber’s application to “leapfrog” an appeal to the Supreme Court has been refused. It follows last month’s Employment Appeal Tribunal dismissal of the cab hailing company’s appeal in the case of Uber v Aslam. The EAT confirmed that Uber drivers were workers and should therefore claim basic workers’ rights such as sickness and holiday pay.
Landmark decision rules Deliveroo riders are self-employed
Deliveroo riders are not workers and are self-employed, according to a decision yesterday by the Central Arbitration Committee. This means the food delivery company does not have to offer its couriers the minimum wage or holiday pay, in a decision that goes against recent rulings against Uber and other courier companies that have deemed drivers are workers. It also means that the riders are not entitled to union recognition.
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