This Episode: HR’s Role In IR35 – with Mary Asante

This week, Lucinda talks about the tricky subject of IR35, the Intermediaries Legislation that was introduced by HMRC as a measure to ensure that everyone pays their fair share of tax.

Mary and Lucinda talk about HR’s increasing role when it comes to IR35, how it affects different sectors and areas of business, and the ways in which we can remain compliant.

Key Takeaways

  • The key targets of HMRC’s TAAR (Targeted Anti-Avoidance Rule) are:
    • IT Sector
    • Media and broadcasting
    • Umbrella Companies
    • Intermediaries
  • IR35 does not affect sole traders. It only applies to incorporated companies. It only affects sole traders when they can be deemed as employees under the purposes of the legislation.
  • Certainly, contractors, freelancers and independents are always responsible for determining their own employment status within IR35. It is never up to their clients to do so.
  • HR has been ever more drawn into managing the processes surrounding IR35, and also in supporting organisations in determining employment status.

Valuable Resources

Best Moments

‘It’s one of those legal things we’d really rather not deal with’

‘It’s about looking at the gig economy and working out what is going on there’

‘A lot of contracts are being refined or rewritten to truly reflect whether a person is a contractor’

About The Guest, Mary Asante

Mary has worked across the full HR Spectrum and has supported businesses in different sectors, predominantly start-ups, SMEs and in the IT sector. In addition to HR, Mary has a broad range of skills, knowledge and qualifications in Information & Cyber security, and Health and Safety. Also, she is a Chartered Fellow of CIPD and CISM and a Lead ISO27001 Auditor. Lastly, Mary runs her own consultancy and specialises in coaching and leadership development.

About The Host

Lucinda Carney is a Business Psychologist with 15 years in Senior Corporate L&D roles. Lucinda also has a further 10 as CEO of Actus Software where she worked closely with HR colleagues helping them to solve the same challenges across a huge range of industries. Certainly, it was this breadth of experience that inspired Lucinda to set up the HR Uprising community to facilitate greater collaboration across HR professionals in different sectors, helping them to ‘rise up’ together.

“If you look up, you rise up”

Contact Method

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