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On Friday the Government published the long-anticipated HMRC consultation on IR35 compliance in the private sector. As you may be aware, this follows the public sector reform in April 2017, and the announcement in the November 2017 Budget. You will also be aware if you have read my previous blogs on the subject, the Government’s seemingly blinkered drive to push this through (as they did within the public sector) whilst continuing to ignore the substantial concerns aired by all stakeholders, drives me mad. HMRC estimates that an additional £410M of income tax and NICs has been remitted since April 2017. This is before they take into account the drop in both corporation tax and dividend tax receipts from all the PSCs that are deemed inside the legislation. The net gain is something nearer £100m which, while clearly is quite a lot of money, I suggest it pales into insignificance when compared to the costs incurred by the Public Sector (in time, increased rates, cost of compliance teams etc) and others in the supply chain (recruiters requiring increased compliance teams, additional payroll systems, additional payroll staff, etc etc etc). From the consultation it is clear that the Government’s preferred option is to extend off-payroll into the private sector based on the assumption that non-compliance in the sector is widespread and due, to a greater extent, to active avoidance, which needs to be addressed. The consultation suggests that the public sector reforms have been largely successful, and supports the current system for determining employment status, defending the CEST tool (this tool is indefensible!) Those of you who worked to comply last April will recall that the rules weren’t finalised until 2 weeks before the changes came into force, meaning that it was impossible for the majority of the public sector employers and workers to get to grips with the changes in time and so countless incorrect status decisions followed. And no one really understood why their take-home pay changed. You can read a previous rant here. I don’t think anyone who hasn’t been directly involved with this will comprehend the time, disruption and cost that these changes have caused, and now it seems the fears of the entire flexible workforce may come true with the rules extended to the Private Sector. Where self-employed workers have been punished in the Public Sector by taxing them as employees, but with NO EMPLOYMENT BENEFITS, rather than stamping out false self-employment, this will be mirrored across the whole UK economy. The Government and HMRC seem intent on burying their heads in the sand to the fact that many workers have left multiple critical projects and that costs to the public sector have risen. And one thing never considered with these changes, is the costs to the economy in complying with the changes, which I assure you, probably make any tax gains in the Government’s coffers look small. This ‘solution’ does nothing to tackle false self-employment and merely punishes those that make this country’s flexible workforce, world-class. If the Government really wants to tackle false self-employment, it could start by creating a statutory definition of self-employment once and for all. Or, as seems to be its intent, it could create mayhem across the economy just before the UK needs all the competitive advantage it can gain as we step away from the European Union.

As many of you will be aware, there are major changes underway around the laws governing data protection in the form of GDPR, or the General Data Protection Regulations. The regulations are being updated in the light of the changing world in which we live and the huge amount of data that is held or shared, much of it online. As recruiters, we take data protection very seriously and have spent months understanding and preparing for the new changes. One of these changes is ensuring we have a lawful basis for processing data and, given that GDPR is not recruitment specific, a lot of this is down to how the legislation is interpreted. Now finally, the ICO (the governing body – the Information Commissioners Office) has released a 46-page piece of guidance around one of the lawful basis that can be used, and hidden away in this guidance are a few paragraphs specific to recruitment. Many candidates post their CVs on CV databases online, such as Monster, Jobsite, CV Library etc, that many recruiters subscribe to. Most recruiters will download suitable candidates onto their own database to enable notes to be taken against the candidate regarding conversations etc. What we and most recruiters who follow The Conduct of Employment Agencies and Employment Businesses Regulations 2003 do, ensuring we work in an ethical and transparent manner, is gain explicit permission from a candidate before their CV is submitted to any client. This means that our candidates always know where their CV has been sent, and always with their consent. What the ICO's advice is around CVs downloaded from CV databases is that it is in the agencies’ legitimate business interest to send the CV to clients, because the fact that it was posted on a CV database, it is ok to send it out to clients without explicit permission from the candidate. The specific wording in the guidance is “they [the candidate] would clearly expect that recruitment agencies would access the CV and share with it their clients” It remains my view that downloading the CV would be expected and is in the recruiter's legitimate interest, and this does not override the rights of the individual so is in keeping with one of the foundations of the legislation, however it remains my, and my company’s, view that a CV should not be sent to any client without the explicit consent that we have always sought, and will continue to seek. Although I don’t expect the ICO to understand the nuances of every industry sector, this simple example just highlights the complex platform that GDPR is creating, the huge room for interpretation (misinterpretation could be very expensive for a business), and the problems that many businesses (it affects ALL businesses in the UK) face in trying to comply.

If you’ve ended up reading this article, then more than likely the last few weeks of your new year have been quite the rocky road. After the New Year arrived and it was time to take a rain check on things, you realised that for whatever reason you weren’t happy in your role, and you made the decision to start looking for a new opportunity to kick start 2018. Following a period of intense job searching, between your new fitness routine, which involved meeting your recruiter and developing this relationship, you were asked to interview for a promising new opportunity. After a series of meetings with the hiring manager, much to your delight, you were offered the job. Then, after all of that, your current employer threw you a curve ball and made you a counter offer (shock), one which you found hard to turn down. Whilst you were feeling flattered at the time, all the buzz quickly wore off, only to be replaced with a sinking feeling in the pit of your stomach, the feeling you have made a huge mistake. Don’t panic. Whether you made the wrong decision or not, you will bounce back from this and get your career and 2018 back on track. But, before you make any sudden moves back into your search, check for the below signs that this counter offer was definitely a mistake: 1. Nothing has changed Look at your reasons for leaving in the first place… Do you feel these issues have been rectified or is everything exactly the same as it was before? For example, maybe you felt like you didn’t have a great work-life balance, or the commitment you were putting into your job was going unnoticed. More often than not that counter offer you received included some great new perks; a higher salary, stock options etc. But at the end of the day that offer didn’t acknowledge the deeper reasons behind your motivation for looking for another role elsewhere, such as a lack of workplace fulfilment, getting back the passion for what you do, the opportunity for development, and a sense of purpose. These are the things that material benefits simply can’t make up for. 2. Things are actually worse than before If you are being truthful with yourself, is work actually worse than it was before? Left wondering why on earth your employer didn’t try harder to keep you until you handed in your notice? Surely they could see you were unhappy, and if they couldn’t, well then that says it all. Perhaps your counter offer came with new demands as a result of your new salary package, despite the fact that, in your eyes, the counter offer is simply a fair reflection of the job you have been doing for months or even years. Perhaps your colleagues have distanced themselves from you, losing trust because you were initially going to abandon ship. Whatever the case may be, you dread going to work more than before. 3. Your inner voice is screaming out to you It is, of course, possible that perhaps you have all of the rewards and responsibilities that you were hoping for. Perhaps your colleagues are thrilled that you are staying; they are making you feel more welcome than ever before. But something in your gut just doesn’t feel right. Although you can’t put your finger exactly on what is wrong, parts of your job are bringing you down, perhaps subtle office politics at play or the lack of innovative and inspirational leaders to pick up the office motivation. Whatever it is, your inner voice is telling you to leave. If this is the case, I would advise you listen to it. What to do next Rest assured, you’re not the first person to fall head over heels for a juicy counteroffer, and you certainly won’t be the last. But now you owe it to yourself to be completely honest with yourself about what you do want from your career. Write down beyond the material perks. Perhaps it’s a better workplace culture, a more motivating boss or better progression opportunities. Think about what your current employer is lacking, and how your next employer will need to be different. Assess whether the first offer which you turned down could really tick these boxes. If it did, then swallow your pride and arrange a meeting with your recruiter to explain the situation. You never know, the previous offer may still be on the table. If not, see if your recruiter can put you forward for any similar roles that they have available. Let your recruiter know you are on the hunt again, but that this time you have a better understanding of what you do and don’t want from your next role, and a greater confidence in your worth. They are there to help you and will have seen this situation before. Relay your new found criteria to them, and use this yourself as you Don’t be too hard on yourself about your decision to take that counter offer. After all, you gave your current employer a second chance to meet your career needs, and for whatever reason, these needs haven’t been met. At least now you have solidified in your mind what it is you truly want from your next move. Look at it from this perspective, accepting that counter offer was less of a mistake and more of a learning curve, one which will help guarantee that your next step is a successful one. 2018 can still be the year you start a new chapter in your career.

Are you a Limited Company (PSC) worker, still confused about IR35, or Off Payroll in the Public Sector and how this affects the way you’re paid, or the way you pay yourself, or how much you'll 'lose'? Even though we are now over 10 months into the changes made regarding who makes the decision on whether IR35 applies in the public sector, there is still confusion as to how this will actually hit contractors in the pocket. We are still speaking to many contractors who make all sorts of claims about how little they will actually take home compared to when they previously worked outside the IR35 legislation, sometimes as little as 40%. Now whilst I agree that in all but the simplest situation, contractors will be slightly worse off, it is rarely by the amount that is first perceived (unless, of course, there are some funny goings on in terms of not quite paying the amount of tax owed*) Note that I do not intend here to go into specific calculations and where example figures are used, these are purely that, just simple example figures. The first thing many contractors do is to compare the net amount they will be paid inside IR35 with the gross amount they usually get outside. For example, a contractor used to earning £500 per day outside IR35, is likely now to be offered a rate of around £435 per day inside IR35 (the difference being the submissions that agency needs to make to HMRC for Employer’s NI, as well as the apprenticeship levy if it applies). From the £435 per day, employment deductions of Employee’s NI and PAYE will be made, before the ‘deemed’ payment is made to the ltd company. If one simply compares £500 per day to the new payment of £435 less deductions, then clearly there is a significant difference. But it is not that simple as there are other rules / obligations that need to be considered. For those INSIDE IR35: Your company is paid the Deemed Payment (the net payment after deductions made to the contractor’s ltd company): Once the deemed payment is made to the ltd company, you still need a way of taking that money out of your ltd company. This can be done in 2 ways: 1. Dividends: If you’re a director of your own company, you might choose to pay yourself a dividend from the company’s profits. You can pay yourself a tax-free dividend up to the total of the deemed direct payment received from contracts in the public sector, where Income Tax and NICs have been deducted at source. You don’t need to declare that dividend on your Self Assessment tax return. 2. Payroll: You can pay yourself for the work provided to public sector clients through your company’s payroll. As employment taxes have already been paid on the amount your intermediary receives, you can pay yourself that amount without deducting Income Tax or NICs. And the icing on the cake: No Corporation Tax When you are calculating your company’s turnover, you should deduct the VAT exclusive amount of the invoice, which is the amount from which Income Tax and NICs were deducted at source. Your company accounts should show this deduction to make sure the amount is not taxed twice. For those OUTSIDE IR35 To get your £500 per day out of your ltd company, again you can pay yourself dividends, or a salary (or mixture of both) Dividends: The tax advantages between dividends and salary are diminishing but, nevertheless, there is still a slight advantage to dividends. As opposed to the Inside options above, your dividend will be liable to dividend tax, and corporation tax. Payroll: You can take it as salary – but your company will be liable for Employer’s NI (aha, so there’s the difference between the £500 and £435 already gone), then there are the same NI and PAYE deductions taken, meaning that if you were to pay yourself purely by means of a salary, your take home will be the same as if you received the deemed payment from the agency. As you can see, the difference is not as clear as might be first thought, and many roles inside IR35 have the rates inflated to compensate. So next time you are considering turning down a contract opportunity that is caught by the legislation, it might be time to think again! *Many contractors are unaware of the Employment Intermediaries Legislation which requires employment intermediaries (ie agencies) to submit a quarterly report to HMRC detailing ALL payments made to a contractor / contractor’s ltd company - they know what contractors should be declaring regarding all funds paid through an intermediary.

This week I received a candidate’s CV that was 27 pages long and even included a detailed breakdown of their swimming achievements at school, including their 50 meter swimming badge. Don’t get me wrong, an amazing achievement to be proud of but should it really be listed on your CV? Probably not. So this got me thinking, what would be my top tips for writing the best coding CV? Include A Personal Statement Include a small paragraph at the start of CV, introducing yourself and your skill set. As much as your experience will speak for yourself, it is always good to have an introduction first. Keep It Clear We receive so many CVs that are written like a novel – large paragraphs with no breaks. This makes it super hard for the reader to pick out key information. Keep it clear, use bullet points and break lines, this makes it easier for potential managers to spot key information. Keep the font choice simple and use headings and sub headings. My favourite lay out for employment history goes a little something like this; Job Title Organisation Name Dates Brief over view of work completed Simple right? More than two pages? The old “two page” CV is really a myth. If you have been working within coding for the last 25 years, you are going to have a lot to say. Don’t try and squeeze your experience into two pages, keep it clear, concise and easy to read. Whether it is 2 pages or 4 pages, who cares! List Your Specialities Be sure to dedicate a section of your CV to your coding specialities – every coding department is different and some cover some weird and wonderful specialities, make sure you shout about them – it gives a great insight into your experience. Training & Workshops Sometimes a recent refresher can make the difference in securing a contract or not, make sure you list any up to date training workshops or refresher courses with dates they were completed. Keep It Coding As much as your previous roles matter, don’t go into too much detail about non Coding roles. Coding managers are interested in what applies to the world of coding, not what you were doing when you were 16 while working at the local supermarket – even if it did give you a great work ethic. Keep It Up to Date Sending off out of date CVs can look unprofessional, make sure you keep your CV updated with every job move – this saves time on boring admin further down the line too. Check and Check Again(!) Avoid those spelling mistakes by checking and checking again. Get a friend or partner to proof read, a fresh set of eyes can spot mistakes more easily!

Clinical Coders Vs The Recruiters More often than not in the world of recruitment, it is recruiters firing questions at candidates to find out information about them, their roles and experience, and their interests. So we thought let’s turn the tables. Tom and Sophie have opened up this idea to our GSA coder community and below are a handful of questions which were fired their way... What made you decide you wanted to work in the recruitment industry? Tom: I had previous sales experience and always thought I was quite a personable person. A few of my friends had gone into the industry so I thought was worth a look. Nearly 10 years later and I haven’t looked back. Sophie: To be honest, I fell into it by complete chance. I had just graduated from my Business degree and had no idea what steps to take next. I had applied for a few graduate schemes and my CV was picked up by an agency based in Birmingham. They approached me about working directly for them mainly focusing on the IT market. I was there for just over 3 years before moving to GSA – the rest they say is history! How did you find out about Clinical Coding? Tom: I had just started at GSA, around 2009 and we were approached by a trust to help them find a permanent Clinical Coding Manager. I had no idea what the job entailed so did some research around it and tried to learn as much as I could about Clinical Coding. I soon found out how hard it was to find permanent candidates, which led to the idea of focusing on developing a contract market to help NHS trusts. It has gone from strength to strength over the last 8 years and now we supply to the majority of trusts up and down the country. Sophie: I had decided to make the jump from my previous agency for a new challenge and was contacted by Tom. He gave me a little insight into the world of Clinical Coding, I was intrigued and felt like it was a really interesting market to work in, so decided to go for it and joined GSA in March 2014. How do you feel about competition from other agencies working in the same market as you? Tom: It can be tricky, but I guess anyone that works in recruitment will tell you that. We have focused purely on NHS Clinical Coding for the last 8 years and I feel like that is a big advantage to us as an agency – we know the market and how it works inside out which is what I think sets us apart from other agencies. Sophie: Competition is part and parcel of recruitment - especially when working in a market where candidates are so in demand. I like to think that we can offer something different to our competitors and that there is a reason we have such a loyal contractor base who continue to use our services. What makes a great candidate for Clinical Coding contract work? Tom: I think the great candidates are those who have an open mind. Every NHS trust is so different, they have different policies and procedures and different ways of doing things. If we can find coders with lots of experience, but also who are willing to look at the different ways trusts do things and can learn and develop from that, then that makes them into great candidates. Sophie: For me, it is someone that genuinely has a passion for what they do. If they can take this passion to multiple trusts and inject it into other trainee or junior coders it gives great results. Obviously, knowledge is key in this market, but also candidates who want to carry on learning is always great as well. A candidate that can roll with the punches and has a thick skin is as there can be so many ups and downs in the contract world. What do you think the benefit of contractors is to a trust? Tom: I guess the saying time is money is pretty true here. The majority of trusts we know have used or do use contractors because they physically can’t get the permanent staff and they need coders in, coding so the trust doesn’t lose money. Alongside this, I think it is knowledge and experience, especially when you come down to the really tricky complex notes. A contractor can offer knowledge and insight as well as getting the job done. Sophie: Like Tom said, I think really it is knowledge and experience. We have a lot of really experienced coders who work for us that have worked in trusts up and down the country. It is very difficult to get that exposure as a permanent employee. Contractors can pick up different knowledge and tips and adapt quickly to environments. I think that gives priceless knowledge to the trusts and departments they work in. Do you have a favourite contractor and/or manager? Tom: I could never say I have a favourite! Some of our contractors really make me laugh, you get to know people on a personal level and that is really nice. The same with managers, some managers in the past have really not wanted to talk to me or haven’t needed our help and that is totally fine but it is great to follow that relationship through over months/years and develop it into something so if they do ever need our help they know where we are. Sophie: Every contractor and manager is so different! Some of our contractors we don’t hear from for months at a time, just only really get in touch if there is an issue or if their contract is ending. Others we speak to on a weekly basis but they are all so individual. I couldn’t say if I had a favourite, but I get huge satisfaction from meeting a new candidate or manager and building up relationships with them and seeing that transition from stranger to working partner – it really is great. What do you do in your spare time? Tom: I have a new baby girl at home – Summer – who was born in June so my spare time at the moment is mostly nappy changes and swimming classes! Sophie: Think about work? No, I’m joking! My spare time is mostly spent with my friends and family. I love to cook so I am often making up some sort of new recipe or testing out some baked treats on my boyfriend Phil, who always seems more than willing to oblige. If you have any other questions you would like to send to our Clinical Coder Recruiters please feel free to get in touch!