Introducing our IR35 Portal
In preparation for the April 2021 IR35 changes and to manage the ongoing demand for regular IR35 assessments/audits of off-payroll workers, we have developed, and launched an IR35 Portal. This allows End-Hirers to submit information to us at a time that suits and removes the need for pre-scheduled discussions with each line manager.
The Portal also allows Brookson Legal to complete IR35 reviews more efficiently, meaning discussions around the ‘Ambers’ can be brought forward, and End-Hirers receive their determinations quicker. Furthermore, the Portal retains information allowing for Status Determination Statements to be stored in one central repository whilst ensuring all reviews continue to be undertaken by IR35 specialists, rather than computer algorithms.
The IR35 Portal is primarily an End-Hirer-led solution, in-keeping with the legislative requirements, however, it can be used collaboratively by End-Hirers and Contractors, where End-Hirers wish to include Contractors in the review process. In the past we have also been instructed to undertake IR35 assessments on behalf of Recruitment Agencies and we will still be able to offer this service through the Portal.
Benefits of the IR35 Portal
Firstly, the Portal removes the need for in-depth role discussions with each line manager. Each manager can simply log in to the Portal at a time that suits them and complete IR35 questionnaires in respect of the Contractors who fall under their remit.
Clients can also pre-populate responses to questions, if certain business practices are common across the organisation, for example if the response to ‘Is the Contractor appraised or included as part of the Client’s performance management scheme?’ is always ‘No’ a template questionnaire can be produced which includes responses to questions that apply across the board – saving more time for managers so they simply ‘check and confirm’ the responses which helps ensure consistency throughout the review process.
If you are unsure about any questions or responses on the questionnaire, we will be on hand to discuss this with you and once we have completed a review, we will arrange a call to discuss the outcome before publishing the Status Determination Statement which can be downloaded directly from the Portal. This will also allow us to focus on the advisory aspect of our service and to assist you in revising working practises to support the IR35 outcome of roles found to be “Amber”.
The Portal gives you complete visibility of where you are up to in your audit process and status of each role.
Reasonable Care at the heart of everything we do
Whilst the Portal allows us to streamline the information gathering aspect of the IR35 Audit Process all IR35 assessments will still be completed by our Legal Advisors. There is no automation or ‘‘algorithm’’ when it comes to the decision-making process thereby avoiding the mechanistic approach to status determinations. End-Hirers can be assured that an IR35 expert will review each role and take into account individual circumstances, instilling confidence in the determination reached and ensuring End-Hirers have met their reasonable care obligations.
Brookson Legal Services’ solicitors have been advising on IR35 for over 20 years, a core part of which has been our personal and human approach. By maintaining our human approach along with our deep understanding of IR35 and now our more efficient data capture system, we can advise and support End-Hirers beyond the initial IR35 status review and tailor our advice and support to business needs.
Whether End-Hirers would like to talk through the IR35 Questionnaire, IR35 Outcomes or changes to working practices we will still be at the other end of the phone or an email should you need us.
Interested in finding out more about our new IR35 Portal?