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An NHS consultant urologist is crowdfunding his challenge to an unfair IR35 classification on behalf of other independent healthcare professionals.
Providing his services to the NHS as locum, George Mantides and others in his position are treated as employees for tax purposes, but don’t receive any of the benefits that employees traditionally enjoy.
HM Revenue and Customs (HMRC) has released more information about the rules governing off-payroll contractors in the public sector.
HMRC updated its guidance on the rules, which have been in effect since April.
The updated guidance clarifies some sticking points that have confused contractors for months.
Since 6 April 2017, responsibility for determining IR35 status has passed from public sector contractors, operating through an intermediary, to the public sector body engaging the contractor.
Although the fundamental rules are the same, the April change is seismic in terms of how the rules are applied.
With the population growing and deficits getting bigger at many hospitals up and down the country, all have been told to keep an eye on costs.
Guidance released last year asked hospitals to watch their staffing levels and extend the life of machinery and equipment
But one of the biggest targets in the cost saving exercise has been agency staff.
The spiralling cost of employing agency staff, which is set to cost the NHS £4bn this year, is one of the biggest reasons for the £2.2bn overspend.
An IR35 ruling on a case involving a urologist who worked for two different hospitals could have important consequences for medics operating as locums and NHS off-payroll working rules more generally.
In the tax tribunal case between a locum urologist and HMRC, a judge ruled that one of the contractor’s hospital contracts was inside IR35, while off-payroll working rules did not apply in the other.
The controversial changes to IR35 legislation, which affect contractors working in the public sector, have been in place for more than two months now. Already it is clear that the new tax policy has had a number of unintended consequences that have made life more difficult for contractors and the public sector organisations that want to employ them.
An article in the Daily Mail caught our eye this morning with the headline that Agency Workers working for the Brighton and Sussex Universities NHS Trust should also be considered when inviting staff to the annual Christmas Party.
