My name is Oghogho Lucky Igiewe I am a professional LOCUM, specialist in housing management and housing assessment under housing act 1996 as amended. I have work and supply qualified and experience LOCUM housing officers to local authorities for a number of years. 

Why does IR35 implementation matter?

 
In April 2017, the government introduced IR35 which required that companies deduct Tax and NI at source.  Local Authorities have teamed up with employment agencies which often provide short term contracts to small or medium term limited companies.

Those that will benefit from the scheme are small limited companies which supply LOCUM workers to local authorities and NHS.

Local authorities and employment agencies are no longer providing small limited companies with short term contracts unless you agree to go under an umbrella company of their choice.  If you disagree, you will be asked to sign-up as their employee leaving you with no choice but to close down your limited company.

If you decide to go under the umbrella company, the umbrella company take a percentage of your agreed income with the agency.  As a good gesture, the umbrella company will give a small percentage to the agency who has already been well compensated by the local authority.

Having discussed and liaised with a reputable legal firm (Duncan Lewis) on the implementation of IR35 by local authorities and NHS, I am happy to report that Duncan Lewis are willing to assist by mounting a challenge against local authorities’ policy that all agency contracts come within the IR35 remit. 

The challenge would be on the basis that the local authorities were acting unlawfully by deeming all contracts to be within IR35 without making specific inquiries into the circumstances of the individual locum workers and the specific requirements of the contracts concerned. 

This is because, as a matter of law, IR35 requires an assessment of the individual circumstances of the locum worker and the contract to determine whether IR35 applies. Being a disgruntled housing professional myself, I have specifically used housing advice and prevention of homelessness as an example. 

Why do we need the money?

Duncan Lewis team has estimated £5000 would be a reasonable estimate for the work involved although they have agreed to keep costs to a minimum. The funding is required urgently to enable Duncan Lewis to commence litigation swiftly.

I am convinced that this is a matter worth pursuing and would be most delighted if we can all pull together to put a stop to the exploitation.