Off payroll (IR35) and self employment

Off payroll refers to anyone not paid via the payroll, and IR35 are the ‘rules’ in place along the process.

To learn more about what this means, have a read of these:

If you plan to offer temporary work to someone who works through their own intermediary (for example their own limited company, a partnership or another person) or as a sole trader, the University needs to determine whether HMRC "off-payroll working" rules, employment and tax legislation applies.

These rules make sure that, where an individual would have been an employee if they were providing their services directly, that individual pays broadly the same tax and National Insurance contributions as an employee would.

Who needs to be aware of this?

All employees making employment status decisions, those who are responsible for gathering the information for those decisions, and those that are responsible for the payment to off-payroll workers. Training should typically be completed by hiring/engagement managers, procurement, finance, HR and payroll staff as a minimum.

Employment Status Survey (ESS)

An Employment Status Service (ESS) form (internal to UoY) must be completed by the department planning to use a Personal Service Company or an individual to undertake work on a self-employed basis.

This should be completed by the hiring/engagement manager, not the administrator, as they will have a bigger picture/clearer idea as to what the proposed relationship entails.

Once the form is completed, the Payroll team will complete the Check Employment Status Test (CEST) based on the ESS, which will provide the formal HMRC result. 

What do you need to do?

Contact us

Check the contacts section at the bottom of the page for specific details

Heslington Hall

Supporting resources

Key contacts

If you have a question or need further support, please contact either Procurement or Payroll:

Contact us

Check the contacts section at the bottom of the page for specific details

Heslington Hall