The ERP market in the UK has always depended on the high calibre people who work within it and, in particular, on self-employed contractors operating at every level from junior programmer to heavyweight project manager.
In recent years, however, these key individuals have come under increasing threat as the Treasury has sought to push more and more of them into permanent employment. This stems from the fact that, while employers see a rapidly deployable and reliable resource when they look at a contractor, the Treasury, only see a potential loss of income. In their eyes, all types of workers are best placed within the PAYE system, which makes the collection of personal taxation and national insurance a relatively simple and straightforward matter.
The first big assault on contractors came in 2000 with the introduction of IR35. This new measure was designed to tackle the substantial number of workers, particularly those in the IT sector, who were claiming self-employed status by setting up their own limited companies. “In effect it stated that working through a limited company did not automatically mean a contractor was self-employed,” says Mark Fordham of accountants, TaxAssist.
“What counted was the exact nature of the relationship between the contractor and their client. If there was any suggestion that the latter was controlling that relationship, perhaps through hours and place of work, then it could easily be re-classified as one between employer and employee.”
Although IR35 stirred up a hornet’s nest at the time, most ERP professionals subsequently found ways to comply with it, but not without a price. “I decided that the most sensible way forward was to engage a firm of lawyers, which focuses on this area, to review all my contracts and working arrangements to make sure I don’t fall foul of IR35,” said Oracle consultant, James Ball.
“They’re very good but the whole thing can be very expensive. And, no matter how good the professional advice and support you are getting, you always feel as if you are looking over your shoulder worrying if something is going to go wrong and land you with a huge tax bill and fine. It’s something you could really do without when you are trying to run your own business.”
Of course IR35 didn’t just affect individual contractors, but also the organisations which hired them, because mistaking the employment status of an ERP specialist could land an unsuspecting employer with liability for national insurance payments. However, working out if someone is genuinely self employed is not necessarily straightforward.