Professional October 2017

Policy hub

should be calculated and what types of pay exist and how easily employers may confuse the types they might be paying. If we take salaried hours pay as a key example, there is a vital interplay between the wording within terms of employment and how pay may be detailed on a payslip. Where one element is incorrect it will be likely that an HMRC compliance officer will deem a ‘salaried pay’ worker to be a ‘time work’ worker instead. ● BEIS naming scheme – Discussion around the work of HM Revenue & Customs’ (HMRC’s) compliance teams inevitably leads to discussion of BEIS’s naming scheme, which recently included a list of 233 names of employers that have underpaid their employees. Whilst the naming scheme has existed for many years we now have a comparison that we can make with another naming scheme – that of The Pensions Regulator (TPR). TPR use their scheme in a more proportionate and useful manner that details only employers that have been persistent with their non-compliance to the extent that court action is needed. The resulting naming results in TPR publishing a press release together with a detailed case study that

they use in their presentations to continue educating employers, advisers and agents on how to comply with their duties. Much more could be done by BEIS and HMRC to learn from the example set by TPR. ● More joined-up compliance work – Comments were fed in to the discussion about how HMRC could utilise other linked areas of compliance findings, such as employment status issues arising from false self-employment. This could enable HMRC to be more likely to attack intentional non-compliance by those organisations that seek to avoid their employer obligations by working in ever-more imaginative ways. It was acknowledged in the meeting that there is hope that more will be done to join up this area of compliance under the work of the Director of Labour Market Enforcement. Much work is being carried out across government to support the key policy commitment to ensure “…all employers are compliant with minimum wage legislation and the effective enforcement of it”. However, an over-riding concern shared was that with every key government policy and new piece of legislation unveiled – and automatic enrolment together with the apprenticeship levy (significantly the cost of

them) featured significantly in discussions surrounding minimum wage payment and compliance – there comes a mirroring obligation on government to also educate employers, advisers and their agents to ensure legislation can be complied with. Increasingly, there appears to be belief across government that real time information is the panacea to all ‘evils’ that will ensure employers deliver on key government policies and that payroll software will deliver all necessary solutions to enable this. Without government delivering essential guidance in a coherent, accurate and timely manner this can’t happen, and the Government Digital Services needs to recognise the important role that detailed technical information and guidance continues to hold. It remains a vital factor to ensuring full employer compliance and yet it is becoming less available as each new policy is delivered. Q Reminder The CIPP policy team always values your feedback as to your experiences and never before has this been truer than with minimum wage compliance. Your emails are welcome to policy@cipp.org.uk .

General data protection regulations

Half day

Covering the EU’s General Data Protection Regulation (GDPR), which will be implemented in the UK in May 2018, updates the provisions of the Data Protection Act 1998 (DPA).

This course covers: ● The Data Protection Act ● The General Data Protection Regulation ● Definition differences ● Lawful processing ● Implications for payroll and HR ● Preparing for the GDPR ● Plus much more

Book online at cipp.org.uk or email info@cipp.org.uk for more information.

cipp.org.uk CIPP_UK cip .org.uk @CI P_UK

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| Professional in Payroll, Pensions and Reward |

Issue 34 | October 2017

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