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Agencies representative body, the Association of Professional Staffing Companies (APSCo), said that it was appalled and dismayed at the onerous intermediaries’ reporting requirements.
It called the draft legislation 'unrealistic, inappropriate and an unnecessary burden' and expressed its deep concerns not only about aspects of the legislation, but also by the Government’s 'apparent ambivalence' in relation to concerns raised with HMRC earlier this year.
The draft legisaltion proposes that any recruitment company which supplies individuals that work through their own personal services company, an umbrella company, another intermediary – or who are paid gross – will be required to provide specific personal details about themselves – and the individuals they supply.
The information required includes sensitive data such as gender, date of birth, National Insurance and passport number, as well as payment details.
Inapprorpiate
Samantha Hurley, Head of External Affairs & Compliance said: “The requirement for intermediaries such as recruitment firms to provide extensive personal information about individuals they have no employment relationship with is unrealistic, inappropriate and highly burdensome. Some of the information required such as gender and date of birth are details that we would actively discourage our members from collecting in order to avoid claims of discrimination.
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U-turn
Ms Hurley said that when the Government consulted on the changes earlier in the year, APSCo had extensive discussions with HMRC explaining not only the fact that these requirements were inappropriate and unreasonable, but also that they would cause a huge amount of duplication – a point which HMRC agreed with at the time.
She added: “If a recruitment firm’s contractors are paid through a traditional umbrella company, then the umbrella company is required to make the normal employee returns to HMRC. To require the recruitment firm to duplicate this information is frankly ridiculous and HMRC agreed and suggested that they would consider an alternative.
"We also pointed out that it would be inappropriate and unnecessary for recruitment firms to hold sensitive personal data on individuals working through personal services companies – as the personal services company itself would be required to make returns. Again, HMRC expressed their understanding and committed to considering a reduced reporting requirement.
“HMRC has unfortunately ignored these concerns and has produced draft legislation that is now subject to a technical consultation which closes on November 25. APSCO will obviously be responding in the strongest possible terms on behalf of our members and we would also encourage recruitment firms to respond directly to this consultation."
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Susie Hughes © Shout99 2014
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