Pro Installer December 2014 - Issue 21 | Page 45

45 PRO INSTALLER DECEMBER 2014 PRO RECRUITMENT @proinstaller1 Recruitment company rebrand addresses employment surge and new legislation Iconic Recruitment specialise in staffing solutions within the Construction, Maintenance and Facilities Management market sectors. Martyn Makinson, Managing Director, talks to ProInstaller about the skills shortage within the construction industry and offers inside knowledge on the importance of a new legislation coming in to affect early next year that makes it compulsory for employment agencies to report individuals that are not taxed as employees to HMRC, a legislation which has put the entire recruitment industry on caution. Martyn explains: “The construction industry has recently experienced a surge on employment, and the number of skilled workers needed to fill this gap in employment is, at the moment, lacking. “During the recession, where confidence in the construction sector was at an all-time low, construction professionals were wary of changing employers, as they didn’t want to find themselves changing employers. As market conditions have improved, people have become more confident about changing jobs and the companies who haven’t acted fast enough to implement retention strategies have ended up losing their ‘top talent’ to competitor businesses. “There has never been a more pressing time for a recruitment agency to specialise within the construction sector. As the industry has started to boom, candidates can be selective, and are more likely to choose to work with an agency that has a detailed understanding of their market.” Martyn continues The government introduced a new legislation in April 2014, clamping down on false self-employment. Recruitment agencies are therefore now required to ensure all workers supplied to a business, and who no longer pass HMRC’s test for being self-employed, are treated as full employees, and added to payroll appropriately. By April 2015, it will also become compulsory for employment agencies to report individuals that are not taxed as employees to HMRC. Commenting on a recent article in The Guardian, Martyn says: “Britain has been dubbed the self-employment capital of western Europe with 4.5 million classed as self-employed, accounting for more than 15% of the labour force. Many people working in construction are genuinely self-employed, however, UKCG (UK Contractors’ Group) recognises that some are not ‘false self-employed’ and that, under current tax rules, it is extremely difficult for law abiding companies to decide whether somebody is really self employed or should be taxed within PAYE. “Moving forward, recruitment companies that contract directly with clients need to make sure they have evidence the worker does not require supervision or direction within the business hierarchy. Anyone who does require some form of supervision within a company should be deemed to be employed for tax and employment rights purposes. Clients who are unaware of this system may incur a financial penalty.” “Companies within the construction sector will need to have a strong trust rapport with their recruitment agency as it is down to the agencies to ensure all workers supplied to a business, and who no longer pass HMRC’s test for being self-employed, are treated as full employees, and added to payroll appropriately. If an agency does not provide accurate reports, they will incur financial penalties. “The new legislation will certainly identify those individuals who have been avoiding paying tax via ‘false self-employment’ and I’m sure that in time, it will lead to an increase in revenues by HMRC as a direct result in the legislation change.” Marytn concludes that installers, construction and maintenance companies should be wary of this new legislation: “The lack of awareness for the rules is worrying for clients. Clients who are unaware of the legislation, or not fully educated on the new processes, may fall foul of the regulations, resulting in a financial penalty. Our message to companies is to become knowledgeable as soon as possible on the legislation and ensure that you are working with a recruitment agency that fully understands the regulations and adhere to them. Based in Warrington, Cheshire, Ionic has recently opened a new office in Solihull, West Midlands, to meet increasing demand in the area and to give Ionic the opportunity to work with clients and candidates a