FREQUENTLY ASKED QUESTIONS
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The multifaceted nature of staffing can lead to confusion if you do not ask questions. Below are some of the concerns we are often asked about at Ben Recruitment.
We did our best to compile as many items as possible, but in case you do not see your question here, please fe el free to contact us .
Frequently Asked Questions
Frequently Asked Questions
What are the steps in applying?
What are the steps in applying?
- Submit your curriculum vitae and cover letter, and then fill out our vacancy application form.
- You can apply online but if you have any concerns, please reach us on Tel. No: 0207 284 3475
- Wait for an email confirming that we have received your application.
- You will be contacted in 10 days if your application will go through for the next stage.
- Please note that if you do not hear from us, your application did not pass the initial screening phase.
If I have difficulty emailing my CV, what do I do?
If I have difficulty emailing my CV, what do I do?
Please call the contact number indicated in the job advertisement.
Can I revise my application after it has been submitted?
Can I revise my application after it has been submitted?
Please email our recruitment team at info@benrecruitment.co.uk if you wish to update your contact details
Do you accept CVs from other recruitment firms?
Do you accept CVs from other recruitment firms?
We do work with other agencies. At the moment, we are not looking to partner with other firms.
*Please do not approach our team members directly.
If you have questions, contact us on Tel. No: 0207 284 3475 or info@benrecruitment.co.uk.
Where do I find the job application closing date?
Where do I find the job application closing date?
All of our job advertisements include a closing date. You are highly encouraged to apply as soon as you can. If many other people are applying for a certain position, we may close the vacancy for that post early.
If my application was unsuccessful, can I apply again?
If my application was unsuccessful, can I apply again?
If you come across a different job opening and you feel you are fit for it, let us know and we would gladly welcome your application. If you are applying for the same role, we would ask you to examine if your skills have improved for the position.
Do you entertain applicants who submit speculative CVs?
Do you entertain applicants who submit speculative CVs?
Please note that we do not accept speculative CVs. However, we update our vacancies page often so we suggest that you check back regularly to see new positions you can apply for.
What are the directions to your office?
What are the directions to your office?
Check our contact page for our complete address or call us on Tel. No: 0207 284 3475 for detailed directions to our office.
Keep yourself updated and aware of all pertinent details about IR35 compliance with the help of Ben Recruitment. We aim to support and educate businesses about potential risks and the steps required to address the impact of the upcoming reforms. Read the answers to some questions below to learn more!
What is IR35?
What is IR35?
IR35 is the tax legislation in the Income Tax (Earnings and Pensions) Act 2003. It was first introduced in 2000 to address alleged tax avoidance methods through the use of Personal Service Companies (PSC’s). It aims to ensure that contractors who work like employees pay roughly the same employment taxes as actual employees, regardless of the structure under which they provide services.
Currently, those who work under PSC’s have to declare whether they work inside (employed) or outside (self-employed) the bounds of IR35.
What are the proposed changes?
What are the proposed changes?
The new IR35 tax legislation is expected to take effect in April 2021. The draft legislation was released in July 2019 and is currently pending approval by the UK Government.
Why are they changing the legislation?
Why are they changing the legislation?
According to HMRC, the changes are supposed to improve fairness in the tax system by ensuring that those who are working for a company via an intermediary (through their PSC) should not able to avoid the usual employment taxes or National Insurance Contributions (NICs) simply because they are working through a PSC.
Who will make the IR35 determination?
Who will make the IR35 determination?
Following the 2017 changes in the Public Sector, the liability in making IR35 determinations has shifted from the contractor to the end-user (also known as end-client). The end-client needs to provide the status determination (inside or outside IR35) to both the contractor and Ben Recruitment.
What happens if my assignment is outside IR35?
What happens if my assignment is outside IR35?
If the end-client determines that an assignment falls outside IR35, then Ben Recruitment will pay your PSC the agreed pay rate without making PAYE deductions. For tax reasons, you will be classified as ‘self- employed’.
What happens if my assignment falls under IR35?
What happens if my assignment falls under IR35?
If the end-client determines that you fall under the parameters of IR35, then you will be classified as ‘employed’ for tax purposes. You will then have to work through one of Ben Recruitment’s approved umbrella companies.
The umbrella company will make a ‘deemed employment payment’ and therefore deduct PAYE from your pay rate. This includes responsibility for levying income tax and accounting for (employer’s) NIC’s. The umbrella company may also charge a fee for using their services. All of these deductions will impact your take-home pay.
Can I still be paid via PSC if my assignment is inside IR35?
Can I still be paid via PSC if my assignment is inside IR35?
You may still work through your PSC if you want to continue working on assignments that are outside IR35. However, your umbrella company must agree to pay your PSC rather than listing you as an individual in their payroll. Ben Recruitment cannot pay you or your PSC if the assignment is classified as inside IR35.
How will the client make an IR35 determination? Do they need to provide me with reasons?
How will the client make an IR35 determination? Do they need to provide me with reasons?
Many end-clients use the CEST tool that was designed by HMRC. However, there are other tools on the market that can help clients determine whether an assignment falls inside or outside IR35. In any case, the end-client must exercise reasonable care when making the status determination. This means that the end-client needs to explain why they think that your assignment is inside or outside IR35.
What factors are relevant in the determination process?
What factors are relevant in the determination process?
Here are a few questions which need to be considered:
- Are you under the supervision and control of the client?
- Can you provide a substitute?
- Is there a mutuality of obligation and do you incur financial risk?
- Are you part and parcel of the end-client’s organisation?
This list of considerations is not comprehensive. Other factors may also be considered, including but not limited to the use of your equipment, absence procedures, contractual termination rights or the continuity of your assignment. You may contact us to learn more.
Can I challenge the IR35 determination?
Can I challenge the IR35 determination?
You can challenge the end-client’s status determination and they will have to respond to a request for a status determination within 45 days. The end-client can either justify their decision or give a new status determination that overrules the previous determination. However, there is no appeal process if the end-client decides to stick to their initial determination.
Are there any exceptions to the new rules?
Are there any exceptions to the new rules?
The new rules will not apply if the end-client is classified as a small business. A small business does not need to determine the status of the contractor because this should remain with your PSC. The Government intends to define small businesses based on section 382 of the Companies Act 2006. A company qualifies as small if two of the following conditions apply:
- The turnover does not exceed £10.2 million
- The balance sheet total does not exceed £5.1 million
- There are less than 50 employees
What if I already work under an umbrella company?
What if I already work under an umbrella company?
The changes only apply to contractors who work through their PSC. The new rules do not apply to contractors who are employed by an umbrella company.
I received a determination but I don’t know what to do. Can you help?
I received a determination but I don’t know what to do. Can you help?
If you have received a determination and are unsure of what to do, please contact our IR35 team immediately. We will do our best to assists in whichever way we can.