Umbrella

APSCo Umbrella Compliance Guidance

Many contractors work through an umbrella company to minimise their financial and tax administration. Likewise, working with compliant umbrella companies eases the compliance burden on recruiters. However, recruiters and umbrella workers need to be aware of non-compliant engagement models being marketed and to reiterate the importance of completing basic due diligence on new providers.

From 30th September 2017, there is a criminal risk for recruitment companies utilising non-compliant umbrella and management companies and those with lax policies for overseas contractors. The Act will make companies criminally liable if they fail to prevent tax evasion by either a member of their staff or an external agent, even where the business was not involved in the act or was unaware of it.

This Model Opt-Out Agreement is for use by APSCo members only. This Model Opt-Out Agreement is for use by limited company (either umbrella company or personal service company) contractors when wishing to opt-out of the Conduct of Employment Agencies and Employment Businesses Regulations (“the Regulations”).

This agreement is correct to the best of APSCo’s knowledge at the time of publication. APSCo can take no responsibility or liability for the use of this agreement, or for any decisions, or the consequences of any such decisions made by members or their contractors with regard to opting out of the Regulations.

Should you have any concerns or queries regarding the use of this document, please contact APSCo’s legal helpdesk on legalhelpdesk@apsco.org or by calling +44 (0) 203 117 0910.

Disclaimer

The updates and guidance are for general information only and do not constitute legal advice. Please note that the law may have changed since the updates were published.