The Orbital Group has pro-actively gained a number of industry recognised accreditations and standards to prove to our clients and the workforce alike, that we are serious about operating to current legislation and protecting their interests.
Professional Passport is an independent professional membership organisation working with all sectors of the flexible workers market.
The Professional Passport stamp of approval is only given to companies that have passed a rigorous, compliance audit and likewise is used by many agencies as a benchmark when reviewing their payroll suppliers. Orbital has completed all the PP checks and is a fully approved member.
0845 838 888 7
The Association of Recruitment Consultancies (ARC) is a trade membership organisation representing recruitment businesses from all sectors. It also a legal partner of Lawspeed, and due to our SPA status allows us to be an approved member alongside many recruitment agencies who know they can rely on our services.
As the trade association for professional employment services (umbrella, accountancy, payroll), FCSA works to support the sector and the flexible workforce. Associates and members adhere to our Charter which confirms that their businesses operate legally and are run by Fit & Proper Persons.
0203 772 8622
TEAM is the largest network of independent recruiters in the UK. TEAM provides recruitment and employment services to its membership enabling its Members to provide all the benefits associated with a local independent recruiter whilst at the same time being able to harness the combined networking power throughout 700+ locations..
Lawspeed SPA Audit
Lawspeed have been operating as a legal compliance consultancy specialising in recruitment and employment law since 1997. Their SPA service is an industry recognised audit style system to confirm whether a service provider is compliant or not. Orbital passed the audit as being a low risk provider in all aspects, and a copy of the report can be requested from Lawspeed.
PRISM is a not for profit professional trade association that represents and promotes its members’ interests who all operate within the professional payment intermediaries sector.
The sector covers providers who offer support to temporary workers and recruitment companies by providing payroll services, employing workers through an umbrella company structure, and accountancy services support to workers who operate through their own limited company, often referred to as a PSC.
The members elect an Executive Committee, and this directs the Association’s priorities and activities.
0203 198 0094
Orbital Payroll Group is a founding member of PRISM.
The Association of Professional Staffing Companies (APSCo) was formed to give all firms involved in the recruitment of professional talent that have a commitment to excellence, the specialist support and distinctive voice they need to be successful. It gives candidates and employers a trusted badge of quality whilst providing member firms with an innovative range of services designed for them by recruitment experts.
101 Borough High Street, London, SE1 1NL
+44 (0) 8458 997 388
The One-Stop Shop for Contractors Payroll Options
The world of contract and freelance work is on the up with the ‘gig’ economy getting more popular year on year as people recognise that they can have both flexibility and a good level of earnings without the restrictions of traditional PAYE arrangements.
Having a large flexible workforce is after all, what helped the UK come out of recession quicker than most and as more people recognise the benefits for themselves, coupled with the natural progression of the country’s workforce becoming older, this flexibility of working arrangements will become even more prominent. And that’s where we can help.
At Orbital we have operated within the payroll intermediary/commercial contracting sector since 2008, evolving our skills and experience by engaging with 1,000’s of temporary contractors in various industries such as – construction, rail, engineering, IT, education and healthcare, amongst others. Our background comes from a mixture of recruitment, accounting, management and the services industry.
We offer a range of payroll options that cover self-employment and PAYE to suit every level of worker with fully compliant terms and conditions when engaging through our Contract for Services or Employment contracts. Likewise, we give peace of mind to agencies and end clients through our various recognised accreditations and commitment to compliance.
Our approach is to be transparent and friendly as we pride ourselves on our integrity and straight talking, practical customer service to help you whenever you need it.
Why not contact us today to see if our services can benefit you.
The Old Model That Still Looks Good – Umbrella no Expenses
This model is what many existing agency workers will now fit into if they are currently paid an uplifted ‘umbrella rate’ by their agency and working in roles deemed likely to be under Supervision, Direction & Control (or the right of).
If they are caught by SDC and don’t qualify as mobile workers, then no expenses can be reimbursed and all payments will be subject to full PAYE at source. The minimum take-on rate will still apply to ensure compliance for National Minimum/Living Wage and Holiday Pay purposes.
HOW IT WORKS
Due to the large number of contractors that may be caught by SDC post April 2016, it is almost certain that there will be an equally large number trying to claim back expenses at tax-year end. This could prove especially true in sectors that have been name checked by HMRC as likely to have SDC evident in most cases e.g. education.
Claims can be made by completing either:
We can assist by:
The New Model
HOW IT WORKS
Mileage Only Umbrella
(No SDC or a Mobile Worker)
This model is suitable for workers who have a high mileage claim compared to other expenses, over a series of assignments.
Changes to the Finance Act 2015, and in particular the new rules around ‘Relevant Salary Sacrifice’ prevent earnings fluctuating as a result of expenses being reimbursed. Mileage however, is outside of these rules so remains unchanged.
The worker will still have to be assessed for SDC on their assignment, but where they pass the test or are a mobile worker, they can claim the expense.
The guidelines are:
Running your own Limited Company or Personal Service Company (PSC), as it is sometimes referred to, can be the most profitable and rewarding way of contracting.
By letting Orbital take care of all the ‘back-office’ and administration involved you will have more freedom to maximise your working time. We can also help to guide you on all aspects from initial company set up and what to do monthly, right through to end of year obligations.
Learn more about how Orbital Limited can benefit you.
About Orbital Limited
CIS Self Employed Sole Trader
Perfect for sub-contractors that work on a freelance basis within construction (trades or technical) and rail. Due to the introduction of the ‘Onshore Intermediaries’ or ‘Agency Legislation’ in April 2014 and the subsequent reporting obligations that started in 2015, it is now important to establish whether Supervision, Direction or Control (or the right of) exists to each worker as to the manner of how they perform their duties, per assignment.
If it is confirmed that SDC exists on particular working arrangement, then the operative would have to be classed as PAYE for tax purposes. We can assist our clients in performing a robust assessment on SDC including which level of job roles could be ruled out straight away and those roles where an assessment could be made.
CIS engagement contains the following aspects:
Outsource PAYE Bureau
This is the ideal service for clients that have any number of directly employed PAYE workers but don’t want the cost and hassle of running an in-house payroll.
We can take away all the pressure involved in the setup, processing and payment of workers to leave you to concentrate on maximising your business.
Since the changes to claiming travel and subsistence expenses affected Umbrella PAYE workers in 2016, this option has become more popular for those at the lower end of the pay scale who now don’t have the benefit of expense reimbursement.
Agency/NIC Protect Indemnity Insurance
Due to the uncertainty that recent legislation changes have brought and the complexities of understanding Supervision, Direction & Control, many temporary labour agencies have moved away from the self-employed arena.
Agency protect has been developed to counter the event of a successful HMRC challenge and can provide reimbursement of agreed tax and
NI losses as well as legal costs (if required).
We are not one of those providers who are on a sales mission to convince you that this is the cure to all your self-employed concerns, because it is not and it still requires processes in place to confirm why certain operatives are suitable for self employment. But if you would like the cover, we have the option available on a no obligation basis and it is essentially another layer of protection or ‘safety net’ if you are engaging with CIS sub-contractors.
Throughout 2016 we have seen an increase in the number of operatives going back through CIS as agencies gain more knowledge, feel more confident and have a better process to work with the legislation.
Feel free to get in contact as we are happy to discuss the policy with you in more detail at anytime, or we can also get our brokers to have a chat with you if you feel it would be beneficial.
Does SDC (or the right of) Apply, and What Does it Mean?
To establish which model is the right fit for a candidate could be determined on whether Supervision Direction & Control exists on a particular role, per assignment.
The introduction of this ‘test’ was first seen in the ‘Agency Legislation’ 2014 and affected CIS operatives, as it was deemed that most would be under SDC and therefore should be classed as employed for tax purposes with liability being put on the agencies.
Likewise in 2016, when the same ‘test’ was applied to Umbrella PAYE workers as part of the Finance Bill and effectively made claiming Travel & Subsistence expenses unlikely for the majority of workers, especially the lower paid/unskilled.
As it is deemed by HMRC that SDC will apply in most cases, and therefore the need to prove a negative; we have to now go through a robust process which is evidence based and allows us to make an assessment to show SDC may or may not exist for certain job roles on certain contracts. Unfortunately, these are HMRC rules, not ours!
Our process is based on:
Workers who are genuine multi-site or mobile workers are out of scope of SDC and can claim expenses under the new Umbrella models. This will obviously depend on if they are travelling to more than one location and that the workplace/s can be qualified as temporary.
Questions Are based Around
Orbital works with many reputable UK agencies as part of their approved or preferred supplier procedures and this area is becoming more important to ensure that you are not being exposed by non-compliant payroll providers, which can sometimes be led by the workforce unknowingly.
Because of the commitment to compliance we have pursued through our various industry accreditations, we believe we have all the right credentials that will benefit agencies of any size and in any sector.
If your supply list is coming up for review, why not get in touch for a quick chat to see if our reliable and cost effective services can be of any help to your workforce and you.
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