A simple and effective IR35 solution. Our three-step approach allows both organisations and contractors to continue enjoying the benefits of flexible working. 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.
Key benefits of working with us
Common IR35 scenarios we can help contractors with if you work with us
We support placements for contractors within the digital industry. Typical roles we support include: developers, designers, project managers and marketers.
You want to start freelancing in 2021 and work outside of IR35
You are currently contracting and want to remain outside of IR35
Your current employer has said you cannot be retained post April 2021
Why use us?
There are many reasons to work with us for this challenge
- A safe option for both contractors and businesses to maintain working outside of IR35
- Our clients can safely work with contractors and continue to look past April 2021 to 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 20-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.
As of April 2021, companies will have a legal obligation to determine the employment status of any contractor who provides their services through an intermediary, such as a limited company.
If an individual is considered to be 'inside IR35', the employer will need to operate payroll for them and make employer’s National Insurance (NI) contributions on the fees paid for the services they provide.
IR35 will apply in cases where the contractor would be regarded as an employee if they were providing services directly to the client, without the use of 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 recruitment company, we are a digital marketing agency that has been successfully working with clients through a Statement of Work for the past 20 years.
Where the statement of work route is utilised, Fresh Egg becomes the end client and make any IR35 status determinations.
Our solution involves Fresh Egg 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 the services of Fresh Egg removes the IR35 risk from your organisation. With our partners Acumen Business Law, we offer an easy solution to ensure you can retain the key talent within your company or engage Fresh Egg vetted contractors and avoid 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 your situation provides an option to be considered outside of IR35 (this applies to both contractors and businesses). Once all the facts are taken into account, we will provide you with an honest assessment of whether it is possible. All things considered, if the outcome is that the circumstances deem you inside of IR35, then we cannot help you.
Contact us for immediate help with IR35.