We provide a simple and effective IR35 solution. We first understand the challenge, determine the right solution and then deliver a successful working outcome to enable the safe retention of a contracted workforce outside of IR35. Our approach allows both organisations and contractors to continue enjoying the benefits of flexible working.
We can help you stay outside of IR35 and allow you to continue enjoying a flexible work solution.
We can help organisations maintain a contracted team outside of IR35.
Key benefits of working with us
How we help contractors
We support placements for contractors within the digital industry. Typical roles we support include developers, designers, project managers and marketers.
You have a work placement and want to work outside of IR35
You want to work with contractors outside of IR35
How we help employers
You have critical projects you need interim support with
You want to work with contractors outside of IR35
Why use us to source contractors?
- A safe option for both contractors and businesses to maintain working outside of IR35
- Quality assured contractor through our 'Fresh Egg Approved' scheme
- Our clients can safely work with contractors and utilise a flexible way of working
- We mitigate and take on the risk of IR35
- We are different from typical recruitment companies. We are a digital agency, and therefore we have a 22-year pedigree in delivering projects on behalf of our clients through in-house team members and special contractors
- We take your challenges with maintaining a contractor presence and will provide a cost-effective and safe solution
- Our legal partners underwrite a statement of work for our contractor placements; we take on the risk of placing and running contractors
- Our solution involves us managing the project, taking responsibility for your existing contractors and providing the required services using a combination of those contractors or our vetted contractors and our experienced project managers.
What is IR35 and why does it matter?
IR35 is a piece of tax legislation designed to ensure HMRC collects the right amount of tax for contractors who are employees in all but name.
From April 2021, companies have a legal obligation to determine the employment status of any contractor who provides their services through an intermediary, such as a limited company.
Suppose an individual is considered to be 'inside IR35'. In that case, the employer needs to operate payroll for them and make the employer’s National Insurance (NI) contributions on the fees paid for their services.
IR35 applies in cases where the contractor is regarded as an employee if they were providing services directly to the client without using an intermediary.
Companies who rely on contractors can expect the following consequences:
- The burden will be on the business to assess the employment status of their contractors
- If those contractors fall within the IR35 rules, it will cost the company more money in terms of administrative resource for payroll and employer NI contributions
- It is likely to result in a talent drain, as many contractors do not wish to become permanent employees
How can we help mitigate the impact of IR35?
Fresh Egg are not a typical recruitment company, we are a digital marketing agency that has been successfully working with clients through a Statement of Work for the past 22 years.
Where a statement of work route is utilised, we become the end client and make any IR35 status determinations.
Our solution involves us managing the project, taking responsibility for your existing contractors and providing the required services using a combination of those contractors or Fresh Egg vetted contractors and our own experienced project managers.
Utilising us, we remove the IR35 risk from your organisation. With our partners, Acumen Business Law, we offer an easy solution to ensure organisations can progress projects without the ongoing cost and burden of IR35.
IR35 - frequently asked questions
Q. Can I retain key contractors outside IR35 from April 2021?
The simple answer is yes, it is possible. But to maintain contract staff, your organisation will need to (at the very least) carry out a basic assessment to determine whether a team member is inside or outside of IR35. Contact us for help with this.
Q. Can you work with an existing recruitment company?
Yes - we can work alongside recruitment agencies. Our solution enables contractors and recruiters alike to carry on working outside of IR35*.
Q. How can I keep contractors in key positions who are critical to my business and who don’t want to go permanent or work inside IR35?
Retaining the services, knowledge and experience of an existing contractor in this example is possible. To ensure you are within the IR35 guidelines, the nature of the working relationship between your organisation and the contractor needs to change. Our solution involves us taking responsibility for your existing contractors and providing the service utilising a combination of those contractors and our experienced project managers on a per-project basis.
Q. Can I still hire specialist contractors that allow me the flexibility to increase or decrease headcount at short notice?
The first step will involve an IR35 Role Assessment, carried out by our legal partners, to assess if the contract requirement falls within IR35. If the contract opportunity falls outside IR35, we can help you source a vetted contractor from our extensive networks. Alternatively, if the contract opportunity falls inside IR35 and your organisation wants to avoid IR35 tax implications, we can provide specialists and vetted contractors through a managed fixed-term project, providing project oversight and project management expertise.
Q. Can I use contractors while recruiting full-time team members?
Yes, we can help by providing a bespoke solution for your requirements, utilising a combination of specialist vetted contractors, our digital experts and our experienced project managers.
Q. Can I avoid IR35?
It is not a case of avoiding IR35. The answer comes from whether the situation provides options to be considered outside of IR35 (for both contractors and businesses). Considering all the facts, we provide you with an honest assessment of whether it is possible. If the outcome is that the circumstances deem you inside of IR35, then we cannot help.
Talk to us about our IR35 solution.