PCG frees £115,000 reserve for IR35 judicial review appeal fund

In this issue:

• Legal Challenge fund - Judicial Review Appeal
  
• Lobbying - FTWD
  
• Agency Regulations
  
• Recent BECTU ruling
  
• PCG takes stage at Jobserve event
  
• Member services - Tax Investigation Insurance
  
• Members Resolution

Judicial Review Appeal

The PCG moved considerably closer to confirming that it will proceed with the judicial review appeal this week after finalising costs for its expenditure to date - which were less than originally budgeted for.

PCG had 'prudently' estimated what the potential costs to date would be - however, the final figure, which has now been confirmed by legal advisors, is £115,000 less than had been earmarked. That surplus has been added to the on-going PCG judicial appeal fund, giving it a welcome injection of cash and taking the 'Fund-O-Meter' ever closer to the point where the Group can proceed with the Appeal.

PCG's Chairman, Jane Akshar said: "This is a welcome and significant boost to the judicial review appeal fund. PCG and our lawyers had made cautious estimates of what our costs could be so that there would be no hidden surprises along the way. Now we have the final figures in, our lawyers have confirmed we are in a position to release £115,000 we held in reserve to the on-going fund. This takes us considerably nearer our target to proceed with the legal action aimed at having IR35 struck down as contrary to European law.

"The Board of Directors has always been supportive of continuing with the legal process, but is firmly of the opinion that the final decision rests entirely with the membership who will decide whether or not to fund the action."

PCG is still reliant on contributions from members to fund the legal challenge. Members who wish to contribute to the fund should go to:

The judicial review is one part of PCG's overall strategy relating to IR35 and other issues affecting contractors.

Lobbying - FTWD

PCG is following up the submission regarding the Fixed Term Working Directive with a meeting with the DTI later this month. The main concerns are;

• The proposed exclusion from the legislation of workers supplied via agencies
  
• The issue of whether and under what circumstances the legislation might apply to workers/consultants supplied to clients via a Small Service Business.

Lobbying - Agency Regulations

PCG will be back at the DTI in July to represent contractors' views regarding the agency regulations. Members may be aware that agency body, REC are threatening their own judicial review of the proposed legislation.

Lobbying - BECTU Case

PCG noted the European Court ruling and the right to paid annual leave for all 'workers'. As yet the implications for limited company contractors are still unclear.

Jobserve

PCG will have a speaking slot and an exhibition stand at the two-day Jobserve conference in the New Connaught Rooms in London Friday 13th and Saturday 14th July. Chair Jane Akshar will use the seminar as an opportunity to promote PCG to potential members and also any agencies or clients who are present. Jane is speaking at circa 4pm on Friday and between 12 and 1pm Saturday.

Member services - Tax Investigation Insurance

The number of services available to PCG members has increased quickly and consistently and we know that many members join to access specific benefits. In each newsletter we will 'profile' a service and provide details to ensure that members are getting the most value from their PCG membership.

Tax Investigation Insurance

As a PCG member, you automatically receive this insurance cover as it is *included* in membership - part of the £100 subscription is passed direct to the insurance company to pay for this service.

The policy covers all tax, NI and VAT investigations and insures members against the cost of inspection by IR / customs and excise. In the event of an investigation, members must immediately notify the tax consultancy team - who will provide advice directly or where appropriate will work with the member's retained advisors.

The insurance covers the cost of professional advice during an investigation and excludes any tax owed, interest or penalties. The cover is for the business affairs of the member's company and is aimed primarily at the main contracting / consultancy business (in the case of multiple income streams). You must remain a PCG member to continue this coverage.

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PCG Press