Support for Recruitment Agencies
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Ensuring Compliance for Recruitment Agencies
Compliance is at the forefront of everything we do at Nasa. With the myriad of legislation in place, or soon to be in place, we work tirelessly to ensure our systems and processes comply in full - well before looming implementation dates. The following section outlines the key areas of compliance that affect Nasa, our contractors and our agency partners.
Nasa is a fully onshore, operating out of our central Bristol office. At no stage are any funds processed offshore or is any 3rd party business involved. Our directors and shareholders are all UK residents, and contractor employee income is taxed in the UK under the PAYE regime. We are strongly supportive the clamp down on offshore operators to ensure a level playing field for all reputable umbrella companies in the UK.
From April 2014, workers who traditionally have operated self-employed (for example under CIS) will no longer be able to do so when working through an agency. As such, Nasa will operate all workers under either a PAYE Umbrella Company or a LTD Company service. From April 2015 where any reporting requirements begin for our agency partners, we will provide all necessary information promptly. As no workers will be self-employed, there will be no liability for unpaid PAYE or NIC for any of our agency partners.
Conduct of Agency Regs
We support our agency partners in compliance for the Conduct Regulations. Our umbrella contractors will tend to Opt Out of the regulations and we can process any Opt Out notices supplied. The choice of whether to Opt In or Opt out for our LTD Company contractors is very much their choice, however we will advise them to Opt Out to maintain an element of risk for their IR35 status.
The Managed Service Company legislation came into force in 2007 and with it came debt transfer provisions, putting agencies at risk. Although a very remote risk, we take this very seriously indeed. Nasa Umbrella operates a strict PAYE umbrella company, removing completely any risk to our agency partners for MSC or debt transfer. Our LTD Company accountancy have been rigorously designed and tested to ensure that Nasa is not an Managed Service Provider nor are our contractors MSCs themselves. Please contact us if you wish to discuss this in more detail.
The Agency Worker Regulations is an EU directive designed to ensure parity of certain elements (including basic pay) between agency workers and directly employed workers. The regulations require agencies and umbrella companies to work together to ensure each agency worker receives equal treatment after being on site for 12 + weeks. Nasa assist our agency partners with AWR compliance by operating our standard ‘Matching Permanent Pay’. Here we will ask you to send us ‘Comparator Data’ (the salary and annual leave etc), and we’ll calculate if the pay rate is compliant with AWR. Any issues we will advise you of so the required action can be taken.
Nasa are also able to offer a ‘Pay Between Assignments’ model too within certain guidelines. If you prefer to work with a derogation type arrangement, please speak to us.
Any contractors working through a LTD Company are not within scope of AWR so these steps are not required.
As anyone running through our Umbrella Company becomes an employee, this piece of legislation won’t affect them (making it nice and simple!). However our LTD Company contractors will be in scope of IR35 as they are supplying services through their company. Our agency partners can rest assured that Nasa have some of the industry’s leading experts on IR35 in our ranks – so your contractors will receive the best advice and support in order to navigate this tricky piece of legislation.
Nasa Umbrella is fully compliant within National Minimum Wage guidelines. We do not substitute earnings below NMW with expenses and only accept contract rates at a minimum of £11.30 per hour to ensure this compliance. Nasa do not operate a Pay Day by Pay Day Model.
Pensions Auto Enrolment
Auto Enrolment is a government pension scheme designed to help everyone to save for their retirement. All UK employers must implement a scheme – umbrella companies included. Nasa has operated our auto-enrolment scheme since our staging date in September 2013. We’ve paired up with NOW Pensions to provide auto-enrolment for all of our employees – both eligible and non-eligible workers. Nasa implements a 12 week postponement period for all employees. As such, deductions will not begin for new eligible workers until they have worked for 3 months with Nasa.
Even LTD Company contractors are in scope of Auto-Enrolment, however staging dates are not for a few years yet. Nasa will assist all of our clients in meeting their enrolment obligations.
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