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Shout99 - Freelancers, FO35, Section 660
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Happy New Year from Shout99.com!!! A Review of 2001
by Richard Powell at 17:12 04/01/02 (Shout99)
The Shout99.com site covered a vast array of news affecting the UK contracting scene in 2001 and will expand on this coverage in the New Year. We have summarised the key events for you...
  • PCG's IR35 Legal Appeal
  • Fast Track Visas
  • Contracting Market
  • Employment Agencies Act
  • The Battersby Case
  • PCG News
  • Other Revenue issues...

IR35 Legal Appeal
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The Professional Contractors Group has said it will continue its fight against IR35 by increasing its pressure to drive through relevant case law and forge stronger links with clients and industry bodies following the recent appeal decision. Anne Redston was on hand during the appeal to provide exclusive commentary for Shout99 as the drama unfolded, which you can access below, as well as all of the articles from the Judicial Review hearing in March when the PCG challenged the legality of IR35 in the High Court. Although the decision went against the Group, Mr Justice Burton produced helpful guidelines which have had a significant impact on the implementation of IR35...

Court of Appeal finds against Small Businesses on IR35 row

IR35 Appeal Day 3: Appeal ends on an optimistic note

PCG Appeal Day 2: Don't let this get to ECJ, Plender asks court

PCG Appeal Day 1: Back to square one?

Overturn, refer or confirm: The IR35 Appeal according to Redston

PCG announces legal appeal against Government

PMG says IR35 has been re-phrased according to judge's guidance

----------------------------
March/ April Judicial Review
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Inland Revenue responds to IR35 judgement

PCG Judicial Review - implications for contractors

IR35 Ruling - PCG Press Release

JR5: Revenue case begins with questions

JR4: Judge recognises nuclear option

JR3: Behind-the-scenes with the PCG team

JR 2: Judge 'sympathetic only to uncertainty over IR35'

JR 1: 'I may be convinced' says Judge

Fast Track Visas
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In December, the Home Office indicated that some of its assumptions on the skills shortage were based on statistics gathered at the end of 1999, a time when, in the run up to the 'Millennium Bug', demand for IT skills was at an exceptional high...

Government justifies Fast-Track foreign IT with 1999 information

The Fast Track visa system, set up to combat the skills shortage, looks set to become a major focus for contractor news in 2002 as companies increasingly take advantage of cheaper, imported skilled labour over the UK's home-grown talent. Contracting market information has shown anything but a skills shortage in the UK, with contractors experiencing growing difficulty in securing contracts at home. The PCG will work with Work Permits (UK) to tackle possible abuse of the fast track visa system over the next year...

PCG and Work Permits UK working together over possible FTV abuse

Radical reform of work permits proposed

Latest fast track visa figures released

US-style 'green card' to replace Fast-track visa system?

PQ reveals origins of ‘Fast-Track’ imported IT professionals

Contracting Market
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Market reports have been consistently grim for contractors in the IT sector in 2001. Capital Strategies, corporate finance specialists, predicted IR35 could mean a 25 per cent rise in contractor rates at the beginning of 2001- a figure the Institute for the Management of Information Systems re-estimated to be in the region of 40-100 per cent. The truth about rates over the past 12 months painted a very different picture from estimates such as these. Shout99.com was at the forefront of breaking the news of large companies axing contractor rates and introducing mandatory unpaid holiday time...

IT contractors feel the cold of the December jobs market

Is the only way up for the IT contracting market?

The IT agency, the contractor and the economic downturn

BT and IBM contractors are latest rates cuts casualties

Increase in contractors' rates predicted

Employment Agencies Act (EAA)
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The EAA will be another core focus for contractor news in 2002 as Alan Johnson, DTi Minister for Employment Relations, decides what the final amendments to the original 1973 Act will be. The Association of Technological Staffing Companies (ATSCo) warned that the proposed changes to the Act could be 'disastrous' for the recruitment industry whilst the Recruitment and Employment Confederation (REC) even threatened legal action against the Government if they introduced the proposed changes. Scare stories appeared in the press, including in The Daily Mail, which printed a letter claiming that '80,000 agencies would close as a result of the new agency regulation proposals.' The PCG is involved in consultation with Mr Johnson over the proposals.

DTI calls off EAA meeting with recruitment industry

DTI talks about the Employment Agencies Act

The Employment Agencies Act is looming... What will the impact be?

ATSCo call proposed industry regulations 'disastrous'

DTI announces Agency Regulations

The Battersby Case
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Anne Redston, tax guru and author of the book 'IR35- Personal Service Companies,' said she was saddened by the inevitable outcome of 'Eddie Batterby's' case against the Revenue where the thrust of his 'do-it-yourself defence' was that 'he did not come under IR35, because he wasn't a tax dodger.' She said the case was: "... like David and Goliath, but unfortunately, this story didn't end up the same way." The case represented an important legal victory for the Revenue as the first IR35 case to go before Special Commissioners. It highlighted the importance of contractors having proper protection whilst operating in the market. Andy White, PCG and Shout99.com founder, explained the dangers of unprotected contracting as well as the solution, in his Viewpoint article: 'Respect, trust and value for money'...

Battersby case was like David and Goliath, says Redston

Respect, trust and value for money

Revenue wins first IR35 case before Special Commissioners

PCG News
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It was a busy year for the PCG, which saw its membership rise to over 14,000 in 2001 since it was formed in May 1999. Much of the PCG's work for its members as well as some of its lobbying activity was overshadowed by wider media interest in the IR35 legal fight. Great strides made by the PCG in other areas included: the introduction of business-to-business contracts and the business-to-business portal, guidance for contractors on Revenue inspections, a case law strategy reference guide, lobbying over the Fixed Term Working Directive, the Employment Agencies Act and Fast Track Visas among others and an expansion of contractor/ client relations (most notably at the highly successful Birmingham CBI exhibition). The PCG also held a fringe meeting in Brighton during the Labour Party Conference...

PCG fringe meeting at Labour Party Conference goes ahead

PCG issues sample business-to-business contracts

£1,000 bounty on head of contractors

PCG takes action to stop agency 'FUD'

Treasury told 'could do better' as PCG writes to Blair

PCG launches B2B Portal

Other Revenue issues...
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As well as implementing the IR35 legislation, which has been almost universally condemned by contracting, business and political representatives, the Revenue also sparked criticism and complaints over...

Revenue's 1,250 strong 'blunder squad' to clear 7.8m open cases

Revenue recommended to pay highest ever complaints compensation

Revenue told to return £100m in taxes to oil and gas 'seafarers'

No-one's leaving, real businesses are safe, says Dawn

--
Richard Powell, Shout99

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