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Umbrella company body welcomes new minimum wage safeguards

Posted Jan 10, 2011

An umbrella industry body has welcomed recent moves to exclude travel and subsistence expenses from National Minimum Wage (NMW) calculations.

A High Court ruling on 30th December 2010 paved the way for new legislation, effective from 1st January 2011, which prevents the use of expenses to "top up" the pay of contract workers in line with the NMW rules.

Stuart Davis, Chairman of the FCSA (The Freelancer and Contractor Services Association), was involved in the creation of the new legislation from the outset, and clearly welcomed the change:

"The significance of this ruling to the UK flexible workforce is two-fold.

"Firstly, it creates a level playing field for umbrella companies and recruitment agencies that provide workers at a NMW pay level. A large numbers of the umbrella companies and recruiters who took advantage of this 'salary sacrifice' business model did so in order to gain a competitive advantage at the cost of the flexible worker as they were able to offer workers cheaper than their competitors. This in turn encourage other companies to follow suit in order to remain competitive.

"Secondly, the new legislation has now added an additional layer of protection for vulnerable workers who were being exploited under the old system. NMW is a legal right to all workers in the UK and expenses are reimbursed as tax relief for temporary workers in order to ensure that they are not left out of pocket when taking on a temporary role, not as a way for umbrella companies and recruiters to maintain their margins."

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