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Crawford Temple Professional Passport

Crawford Temple Professional Passport. Supply Chain Compliance. Professional Passport. Largest independent specialist service provider compliance specialist We have audited and approved the processes and procedures of 18 umbrella providers

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Crawford Temple Professional Passport

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  1. Crawford Temple Professional Passport

  2. Supply Chain Compliance

  3. Professional Passport • Largest independent specialist service provider compliance specialist • We have audited and approved the processes and procedures of 18 umbrella providers • We have audited and approved the processes and procedures of 14 accountancy service providers • The largest selection of audited and approved providers • The only insurance backed accreditation on the market • We work with all sectors Contractors, Recruitment Companies, End Clients and Providers

  4. What is meant by the term ‘compliance’ ? Who or what defines compliance ? How to understand the risks ?

  5. What is meant by the term ‘compliance’ ? Certification or confirmation that processes, procedures and actions meet the requirements of accepted practices, legislation, prescribed rules and regulations, specified standards, or the terms of a contract.

  6. What is meant by the term ‘compliance’ ? Certification or confirmation that processes, procedures and actions the meet the requirements of accepted practices, legislation, prescribed rulesand regulations, specified standards, or the terms of a contract.

  7. Who or what defines compliance ? ‘The Law’ - Legislation and/or Regulation Ultimately The Courts Enforcement

  8. How to understand the risks? Non Compliant Alternative Views Aligned: Regulators Gatekeepers Enforcers Courts Determine

  9. Financial, brand and reputational consequences increase in line with risk • Highest Risk • Low Risk Non Compliant Aligned Alternative Views

  10. Financial, brand and reputational consequences increase in line with risk • Highest Risk • Low Risk Non Compliant Aligned Alternative Views

  11. So what are the risks?

  12. Supply Chain Compliance • Checks need to be across the whole supply chain including third party suppliers • Questionnaires not a robust solution • Agree acceptable risk profile with clients • In house expertise or work with external compliance experts

  13. What’s in a name? • Many generic labels are given to intermediaries • Umbrella • Pay day by pay day model • Personal Service Umbrella • One man umbrella • None of the names have been statutorily defined • What is important are the facts of the arrangement • HMRC will always consider the actual facts of the arrangements NOT the model/scheme the company says it is operating

  14. Buyer Beware! HMRC does NOT kite-mark schemes and does NOT provide generic advice that a ‘scheme’ or ‘model’ is compliant • Common claims of compliance • We have leading counsel’s opinion • HMRC has agreed our model is compliant • HMRC will not pursue you or your end client for arrears should they arise • Bold statements by the promoters are no guarantee

  15. Offshore Intermediaries What is an offshore intermediary? • This a company which is the employer of a UK worker but who bases themselves outside of the UK and the EEA • What they promise…. • Many of these companies claim that there is no liability for them to pay employer National Insurance – if they have no place of business, presence or residence in the UK there is no obligation on the offshore employer to operate PAYE or pay employers National Insurance Contributions • These companies also claim that no PAYE/ NICs liability will arise on any of the UK companies in the contractual chain

  16. Offshore Intermediaries The reality…. • Where the employer is truly offshore HMRC can use the host regulations together with the agency legislation to place unpaid PAYE/NICs charge on the UK employment business • Alternatively they can use the host regulations to place the charge on the UK end client.

  17. Supply Chain Compliance • What checks are you making on the operating structures of workers supplied by third parties? • How do assess your PSL providers? • What expertise do you have to assess the compliance of providers? • What guarantees or assurances are you providing to your clients? • Are you building unknown significant liabilities in to your business?

  18. What is meant by the term ‘compliance’ ? Certification or confirmation that processes, procedures and actions the meet the requirements of accepted practices, legislation, prescribed rulesand regulations, specified standards, or the terms of a contract.

  19. Supply Chain Compliance Positively Different Independently verified compliant supply chain

  20. The Compliant Umbrella Providers Operational Handbook • Details the operational processes and procedures that must be applied for an umbrella to be considered compliant • Creates a benchmark standard for accepted practices • Transparency www.professionalpassport.com/Agencies/806

  21. Crawford Temple 0118 988 8034 07881 511345 crawford.temple@professionalpassport.com

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