Working outside of IR35

With the changes in the IR35 legislation, Nuts and May believe that large organisations can accurately determine an outcome as outside of IR35 and continue to engage with PSC’s as long as a clear and mutual understanding is established. With this in mind, as from April 6th 2021 engagements will be carried out based on the following understanding:

  • Nuts and May Ltd will provide a clear line of questioning at the start of the engagement to ascertain if the assignment could be carried out by a permanent employee or because of the specialist skill needed or short term nature of the assignment, a more time bound flexible workforce is needed
  • The location of work will be defined by Nuts and May Ltd but will ascertain whether specific activities need to take place on the clients site and would build this into the schedule
  • The working hours will be managed by Nuts and May Ltd to deliver an outcome but once again, if standard calls and meetings take place, these will be built into the working schedule
  • Whilst following industry good practice, Nuts and May Ltd will structure the method in which the work is delivered. This may include using templates where the IP is owned by Nuts and May Ltd
  • Nuts and May Ltd will provide all hardware and software to undertake the assignment. This will include utilising the Nuts and May email address. If your corporate policy requires an alternative approach this will be accommodated following an auditable trail on that matter
  • Each assignment will include an assignment contact on the client side. There will be a clear differentiation between “management of” and “assignment contact” established by ensuring no objectives are issued, one to ones are not established and additional line management responsibilities do not exist
  • Each assignment will be time bound and constructed around a work order with a fixed set of outcomes. Nuts and May Ltd will give a fixed price for the delivery based on the displayed rate card with any deviations clearly change controlled by mutual agreement, therefore sharing some of the financial risk around the assignment
  • All assignments will incorporate a substitution clause. All substitutes where possible will be pre-introduced and be of sufficient skill level to execute the required delivery. Substitutes will normally only be offered in the event of a holidayinstruction greater than 7 working days, an event of long term sickness (2 weeks or greater) or a personal matter effecting the assignment delivery
  • Nuts and May will be free to operate with other clients during the assignment term but will respectfully notify all parties of any perceived conflicts of interest