At this stage in the course, we recommend accessing your online self-certification audit forms (Module 12) found on your Student Profile Page to familiarise yourself with them.
You can use these forms to:
- Take notes digitally as you progress through the training.
- Prepare for your own internal payroll self-assessment.
- Benchmark your compliance against best practice.
A detailed checklist for payroll compliance can be found within the LSCA self-assessment, however you will also need to perform this audit for each supplier you work with, whether an agency or an umbrella company.
Note that within the Agency Payroll Compliance section of your self-assessment, you will be required to answer different questions for agencies compared to umbrella companies.
For you, as the end-hirer, and for each agency or umbrella company, ask these questions:
Is there documentation confirming payroll controls to ensure all directly engaged workers are paid the legal or agreed rates?
Are pay rates for directly engaged workers reviewed regularly for compliance with NMW/NLW (and AWR parity where applicable)?
How frequently do you audit payslips, payroll records and Bacs payments for accuracy and HMRC compliance? Do RTI submissions reconcile to payments shown in the HMRC Business Tax Account?
What measures are in place to detect and resolve payroll discrepancies?
Are clear, up-to-date written terms (contracts of employment / for services) in place? Are these reviewed for legal compliance?
Are employment terms updated promptly to reflect changes in employment law?
Are RTI FPS/EPS submissions accurate and on time for all relevant workers?
Is there a record of RTI submissions, and are these matched to payslips and HMRC payments?
For CIS: are subcontractors verified with HMRC (including verification number and deduction rate), and are UTRs recorded?
Are CIS300 monthly returns completed on time with correct calculations (labour element only, materials/VAT handled correctly) and statements issued to subcontractors?
How do you ensure compliance with the 2014 Onshore Employment Intermediaries rules (s44 agency legislation)?
Are employment intermediaries’ reports submitted to HMRC where required (quarterly)?
How is holiday pay calculated, and is this compliant with current rules (including rolled-up holiday pay for irregular hours/part-year workers where permitted)?
Are all eligible workers assessed and enrolled into a compliant auto-enrolment pension, with correct contributions, statutory communications and re-enrolment every three years?
Are due-diligence processes in place to ensure compliance across the supply chain, including subcontractors and umbrellas (and evidence that deductions are actually remitted to HMRC)?
How do you monitor for signs of potential tax fraud or phoenixism among agencies and umbrella companies (e.g., short-lived entities, frequent bank-account changes, missed filings)?
How are workers informed about their pay, deductions and entitlements (e.g., Key Information Documents and payslip transparency)?
What procedures are in place to handle worker complaints about pay discrepancies and to provide remediation?