AWR Status Declaration

[TestMangler]

Just had an 'AWR Status Declaration Form' from Agency.

Looks like a quickly put together two pager asking you to fill in a few tick boxes.

Any one had anything similar ?

Cut and paste below:

The Representative is an agency worker for the purposes of AWR

OR

The Representative is not an agency worker for the purposes of AWR

Outside of Scope (please tick all boxes that are relevant to confirmation):

Representative is operating in business on their own account through their Limited Company and operate outside of IR35

Contractor and the Representative are “self employed”

Contractor has a business to business relationship with the hirer (through an intermediary)

Representative is operating in business through an independent company providing business services
(not an umbrella company and outside of MSC legislation)

[centurian]

Representative is operating in business on their own account through their Limited Company and operate outside of IR35

Now that's an interesting one. Declaring your IR35 status... Normally pimps don't care as long as they are covered. Now they are asking up-front.

If course, it is perfectly legitimate with HMRC to change your mind (from out to in) at the end of the year by making a deemed payment. You probably wouldn't want to, but it highlights the point that the actual determination of IR35-ness isn't made until the following April.

[TestMangler]

Now that's an interesting one. Declaring your IR35 status... Normally pimps don't care as long as they are covered. Now they are asking up-front.

If course, it is perfectly legitimate with HMRC to change your mind (from out to in) at the end of the year by making a deemed payment. You probably wouldn't want to, but it highlights the point that the actual determination of IR35-ness isn't made until the following April.

Thats what I was thinking This is coming mid contract by the way, so it's not the start of an assignment.

At the start, I got the normal agency guff about how you should seek 'specialist advice' about your IR35 position, which I don't need as I've already proven myself to be 'in business on my own account', but I thought it was nice to see an agent wanting to know what your IR35 position 'really' is

[thunderlizard]

Representative is operating in business on their own account through their Limited Company and operate outside of IR35

Always a giveaway when people talk about working "through" a company rather than "for" it. Nobody works "through" Burger King.

[Mich the Tester]

Cameron, D, March 2011;
"I can announce today that we are taking on the enemies of enterprise. The bureaucrats in government departments who concoct those ridiculous rules and regulations that make life impossible for small firms...What drives us is getting things done - and what drives us mad is the bureaucracy, the forms, the nonsense getting in our way."

Come along now Dave, fine words, but get a move on please.

[Steven@Parasol]

Now that's an interesting one. Declaring your IR35 status... Normally pimps don't care as long as they are covered. Now they are asking up-front.

If course, it is perfectly legitimate with HMRC to change your mind (from out to in) at the end of the year by making a deemed payment. You probably wouldn't want to, but it highlights the point that the actual determination of IR35-ness isn't made until the following April.

IR35 is currently the rule of thumb that determines if a Ltd co contractor is in the cope of AWR or not.

There will be specific tests in due cause, and probably some case law once the legislation comes in on 1st ocotber but as I said, if you are our of IR35 the rule of thumb is you are not in the scope of AWR.

AWR information | Agency Workers' Regulation Information might be useful


This is to stop vulnerable workers being taken advantage off. So an agency operating in the contract cleaning market can't make all its temp cleaners go limited to avoid their responsibilities under the AWR. Its likely that this type of worker is not in business of their own accord and will therefore be seen as AWR avoidance.

[craig1]

This is to stop vulnerable workers being taken advantage off. So an agency operating in the contract cleaning market can't make all its temp cleaners go limited to avoid their responsibilities under the AWR. Its likely that this type of worker is not in business of their own accord and will therefore be seen as AWR avoidance.

I agree entirely but there needs to be a sanity rule in this sort of legislation along the lines of: "If gross payments over the contract exceed a pro-rated like-for-like permanent employee's gross salary plus allowance for benefits then this legislation shall not apply."

I don't NEED to be protected when my gross daily rate is more than double that of a permie, even including allowances for holidays and other permie benefits.

Employers who abuse the system to screw people at the very bottom of the employment ladder need to be brought into order. Contractors on £600 per day can look after themselves.

[Steven@Parasol]

I agree entirely but there needs to be a sanity rule in this sort of legislation along the lines of: "If gross payments over the contract exceed a pro-rated like-for-like permanent employee's gross salary plus allowance for benefits then this legislation shall not apply."

I don't NEED to be protected when my gross daily rate is more than double that of a permie, even including allowances for holidays and other permie benefits.

Employers who abuse the system to screw people at the very bottom of the employment ladder need to be brought into order. Contractors on £600 per day can look after themselves.

you've hit the nail on the head there. Sucessive governments have failed to make the distinction in the temporary labour market between the vulnerable agency workers who absolutely need protection and the highly skilled, well paid end of the market this site represents.

If you are limited and outside of IR35 though then AWR will not have an impact. The service providers such as ourselves have also come up with several models that will ensure umbrella contractors and their clients are compliant too.

There will be a lot of fuss over the next couple of weeks as the legislation comes in on 1st October but it won't be the end of the world some people believe it to be.

Well it might be for some of the racier scheme providers but not for the limiteds or the true umbrellas.

[Churchill]

This thread is much to serious for "General", does anyone want to see my bollocks?

Note to Mod: Feel free to delete this post when you move the thread.

[TestMangler]

I wanted this thread in General, so that we could, at some point, call all agents 'parasitic c**ts'.