Message to our clients on IR35 – myfm makes engaging interim staff easy

This information is relevant if you currently engage interim contractors via myfm or have done so in the past. We want to reassure you about the steps we are taking to make it easy for you to continue to do this when rules change in April on the assessment of IR35 status.

Also, feel free to share this information with others, particularly if you recommend myfm to colleagues and other organisations.

How will the IR35 rule changes affect you?

For every assignment, large and medium sized businesses will soon be responsible for making the  assessment on whether a contractor is categorised as inside IR35 or outside IR35. In other words, the government requires businesses like yours which commission work to assess whether the employment status of each individual should be employed or self-employed. The rules determining status are not changing just who is responsible for making that assessment.

myfm is proposing to carry out the IR35 assessment on your behalf

In response to this, we will make this process easier for you, our clients, by completing the IR35 assessments for our associates on your behalf.

We are planning to do this using the online government assessment tools. The reports generated will form part of the Terms of Reference for the engagement. This will help you by reducing the admin you will need to complete before engaging interim contractors.

We are confident that the majority of interim placements, by their nature, will continue to remain outside IR35 – self-employed. We have already run through this process for several of our clients and associates to ensure compliance.

If during the course of the assessment process, we find an individual assignment is assessed as inside IR35, we will liaise with you on payroll arrangements.

Your flexibility will help

We have discovered that the assessment results are based on a culmination of different factors, rather than individual question responses. Before any interim appointment, we encourage you to think about:

  • Being flexible on where and how the contractor works.
  • Measuring success through outcomes, rather than a ‘role-based’ appointment.
  • Allowing the contractor to provide their own laptop and equipment.
  • Entering into a separate agreement for each new project.
  • Requiring the contractor to put right any sub-standard work at their own cost.
  • Allowing us to send an appropriately qualified substitute, when required.

To summarise, we will:

  • Streamline the engagement process for you by carrying out the IR35 assessment on your behalf, using the information you provide.
  • Reassess an assignment on a regular basis.
  • Use the assessment report generated by the government tools as the Terms of Reference for the engagement.
  • Always seek up-to-date information from you to complete IR35 assessments.
  • In the event of a result which indicates an appointment should be inside IR35, we will liaise with you to find a solution on payroll.

 

myfm provides highly qualified and experienced interim managers and consultants to the FM industry, often at short notice. We are confident that the steps we are putting in place will enable you to continue to access this service with minimum changes, despite these new requirements on businesses.

While we are not experts in employment law or tax, from our research we believe the majority of assessments for the type of interim appointments which we make should be straightforward to assess using the government tools provided.

To talk to us about this, contact Mané Lucas, Head of Resourcing or Ashley Firmin, Head of Finance and Commercial for more information – mane.lucas@myfm.co.uk or Ashley.firmin@myfm.co.uk.

The more things change…… stay true to your values

By Shane Arnold, Business Unit Director, myfm –   

 

Furlough, R-number, mRNA, anti-vaxxers, Zoom – few of us were aware of these terms a year or so ago, but now they are in our everyday conversations. So much has changed in so little time.

I wrote early last year about how I saw potential changes in the FM and the wider built-environment sectors accelerating as a result of the pandemic.

I knew then, as I still do, of the need to be flexible and at the same time not to lose focus of our industry core values, including that our people are our single greatest asset.

So, what has changed over the past 12 months? Well, my belief in putting people at the heart of all we do still stands as firm as ever. As we move from survival mode to what we sincerely hope this time will be revival, this fundamental understanding is as relevant as ever today. The expertise to deliver, the strength to perform in adversity, the character to embrace change and the empathy to understand the challenges of others have never been more crucial.

As I pen these thoughts, listening to the Prime Minister deliver his latest update, including a broad roadmap out of lockdown 3.0, I also believe it is important to emphasise one or two important additions.

Communication, trust and honesty

Being in a position of leadership at any time and in any institution is a difficult task. I am in awe of the ability those who are delivering in adversity. This has been exemplified by so many in the last 12 months – I can think of no better or more recent example than the ongoing vaccination effort.

Notwithstanding this, there have been times over the last year when I have questioned why government messaging hasn’t been clearer, why it hasn’t been more honest and why it has frequently felt incomplete.  Please be assured that I wish to make no political points here, I am merely making behavioural observations. Also, I know from conversations with friends, family, colleagues and contacts that I am not alone in thinking this.

I understand that on a geo-political level, things are rarely as straightforward as they may seem to a casual observer. However, the fundamental truths and benefits of fostering trusting relationships, based on regular communication, honesty and the ability to address the inconvenient truths are as relevant to national and local businesses as they are to central government. And this is especially true when things are not progressing as desired, or previously envisaged.

I was taught in my formative years in Chartered Accountancy to always tell the truth and set yourself up for success – under-promise and over-deliver, never the opposite.  I believe this is as true today as it ever was and these are wise words to take on board as we move from survival to revival.

In a world where so much has changed, I would urge you to rely on your values of integrity and the key relationships you have built. Through honesty, including when things haven’t gone to plan, we can together agree the steps which should be taken to resolve outstanding issues. Alongside honesty, we should all be doing our utmost to deliver and keep people informed of progress.

It is highly likely that in your network you will have many contacts that you have either worked with, bumped into at an event (remember those) or been referred to by a trusted contact.  The value of the last of these, the referrals, is regularly underplayed in my view. But at this crucial time, it is especially important to align with those who have the same values of integrity, honesty and trustworthiness.

Is there a better way to do this than by working with someone referred by a trusted contact, as they are the most likely to display the values you are seeking? Also, those same contacts who are happy to recommend someone to you are also putting their trust in you as someone who is like-minded when it comes to these important values.

We are facing uncertain times and we are facing upheaval but by remaining true to what matters most – our core values – we will find a way through this. The more things change, the more they stay the same, especially if you are true to yourself when it comes to integrity, honesty and trustworthiness.

 

myfm is leading provider of specialist interim capacity in the FM sector. Alongside this, we provide a rapid response on projects. Even if you don’t have an immediate need for our services, we are always happy to have a discussion, contact Shane Arnold email: shane.arnold@myfm.co.uk to find out more.