But what they forgot was that contractors are the lifeblood of the flexible workforce, and actually, perhaps maybe they don't have employment rights.

They don't have longevity of employment.

I don't get things like pension, maybe a little bit of tax efficiency.

A little bit of a tax break would be good for them.

So what we're doing here is weighing up the risks and rewards of being in business on your own account on Perhaps that's what the point.

That hate to Marcie, which missing at the time after up their own accountant, the raising voices that don't get paid, they have to be written off on.

That's the thing.

But so there are three main points to the I 35 3 main taste substitution control on mutuality of obligation don't have to give you work.

Do you have to take work?

But what we forget is you only need to pass one test.

So most temperate contractors past that one test.

What's changed?

I 35 been the same since 1999.

It still is the same.

Everybody thinks it's changer hasn't changed.

All that's happened is that the liability for that stays with the contractor.

But it also moves up the supply chain, and that's where the agency's get worried.

So the liability for that sits with the contractor, and it moves up the supply chain on.

That's why agencies are so worried about because all of a sudden, all the liability.

If that contractor is found to be a disguised employee, that's their problem.

So let's look at the supply chain here.

We start this for 15 seconds without the public sector at the top, the agency in the middle, the personal service company on then the work.

And as I said, I was 35.

That's where the liability traditionally sits.

So what?

They've done the clever because they weren't very good at collecting the taxes here or penalizing people that they felt with tax evaders.

They've moved the problem well, additionally, put the problem up to the fee pyre being the agency so suddenly you're liable for it.

That's why you're worried.

It gets even worse, though, because the decision about whether somebody's court and I are 35 or not poor sits at the top of the chain there now, where they are 35 experts.

Are they able to make that decision probably know on this is what we saw.

Complete chaos.

Absolute pales two years ago in April 2017 we saw between January where they announced in October, and by the time we got between January and April, it went mad.

All the accountants were saying, No, it doesn't affect you.

That's because they didn't understand I 35 my business.

We did 1120 tests in that time on I 87% of them actually past and should have been carried on in that way, the public sector said 52% of them We're actually caught by our 35.

How wrong is that?

And they would left to the last minute.

On the fifth of April, people were having their contracts canceled, so it's absolutely terrible on individuals who you're talking about somebody on £300 today affected to the tune of £10,000 a year.

How fair is that if they know?

So we saw a mass migration lows.

The contractor said.

We're not gonna work in the public sector.

I'm gonna get to take my business elsewhere if they could.

We saw mass migration out of the country.

People like nurses who are happily working in a contractor environment, leaving the country transport for London.

That was hilarious.

They did great big blanket assumptions on all the signalman walked out critical roles.

So what they're saying now is what you got to do is you gotta prepare early.

You need to take expert advice on I 35.

It's not some it's Noah Gray Area is a complex area.

Don't make blanket assessment assessments.

Every single individual contractor needs to be assessed, and you need to look up the chain.

If you're an agency, look atyou contractors how they're going to be affected.

Torture clients don't hide behind it on dhe.

Unfortunately, many will end up having to go p a y e or umbrella, because sometimes that's the decision that's been made.

If you are going to go umbrella, make sure it's an accredited, FCC accredited umbrella partner because you don't wanna end up with offshore arrangements or tax evasion.

So Philip Hammond, what did he do?

He said, Well, this is lovely.

We make unfortunate, suggested I how well the tax tape was going.

Well, not a surprise, because he's doubled what you thought he was getting going to get.

So if you think this isn't going to come to the private sector, got another thing coming.

It's definitely going to come to the private sector, the consultations on at the moment.

So as an agency, what you need to do communication is key.

You need to speak to contractors.

You need to understand the position you need to get them.

I 35 assists.

You need to take that assessment to your client and be brave enough to have that conversation with them.

Don't just go with the blanket assessment.