PCG Newsletter - 21 Jan 2002 - 05/02 - Message from Chairman

In this issue:

• MESSAGE FROM JANE AKSHAR, CHAIRMAN OF THE PCG
  
• PCG advice on IR 'PAYE' visits
  
• IR35 Toolkit seminar – London 24th January
  
• eClusters survey - HELP needed
  
• Real Life Meetings

MESSAGE FROM JANE AKSHAR, CHAIRMAN OF THE PCG
THE LEGAL FUND.

"Members of the PCG have paid £328,875 and pledged a further £94,303 towards the PCG’s legal fund in nearly two weeks. Allowing for a number of ‘cheques in the post’, this means that we have raised sufficient funds to ensure that we will continue our legal fight against IR35 by actively pursuing the ‘case law strategy’. Since IR35 was introduced we have complained that the problem with the ‘tests’ to determine employment status belong to a bygone era and are unsuitable to the flexible business practice of our knowledge-based members. The case law test cases we will now drive through will force the law to catch up with the realities of the situation.

"It will be a long-term approach but we will change the goalposts and that, in combination with educating clients and providing information, will reduce, if not remove, the impact of IR35, for a significant proportion of our membership. We will be sending out detailed information about the types of cases we want to sponsor and will be looking for volunteers from within the PCG membership to volunteer to be our ‘test cases’. We are confident that we will achieve successes.

"For the past two years, much of the focus of PCG has been on the judicial review – our potential knock-out blow – against IR35. We have consistently taken legal advice on this strategy which we have known has been high-risk but has also promised high rewards. Realistically the next stage was all the way to Europe via the House of Lords. This would have taken two to three years and cost an estimated £350,000. We had to look at the full amount – there were no half-way measures.

"Throughout the JR, the members have voted with their cheque books. If they were prepared to fund it, we were prepared to run with it. On this occasion, we broke the appeal into two sections – the first £350,000 cash would be ring-fenced for case law; the second £350,000 in pledges or cash would be for the judicial review. As the second stage fell well short of this target, we have decided that it would not be in the best interests of the membership of PCG as a whole to begin this legal process which we could not guarantee to fund to conclusion.

"I would like to thank at this point, Gareth Williams, Neil Wilson, David Ramsden, all the members who contributed so much either in terms of money, time or support to ‘make a difference’.

"Having been refused leave to appeal by the Court of Appeal, we had to decide by January 21 if we would try to appeal directly to the House of Lords for permission. We have instructed lawyers not to proceed beyond this point.

"I know that many members have expressed personal preferences of case law over JR or JR over case law. This route might not be the preferred choice of everyone. However, I know that while we might debate which way we fight IR35, we are united that we should fight IR35. I believe that case law offers us a real opportunity to, at worst, dilute the impact of IR35 for most of our members, and at best, have our method of doing business exempted in its own right and our business practices recognised, in law, as a genuine way of being in business.

"Case law offers the opportunity for us to trail-blaze and create new laws with relevance to the 21st century. PCG members will have first-mover advantage in sharing information as case law develops. I would like to thank everybody who contributed to this fund. This is an effort to be proud of, especially in these difficult market circumstances."

If you have already ‘pledged’, please fulfil your pledged payment on line at: https://www.pcgroup.org.uk/members/legal/legalpledge.html

To send a cheque see below: Donations to the legal fund can still be made. Please make cheques payable to 'PCG Ltd' Please ensure you mark ‘Legal Fund’ and include your *username* on the back. Please send to

PCG (Legal fund)
Building 2 Shamrock Quay
Southampton.
SO14 5QL.

Further information about PCG's case law strategy is here:
https://www.pcgroup.org.uk/members/resources/CLS-strategy_011130.pdf

Receipt
* * * * *
If you have made a contribution and require a receipt please go to
https://www.pcgroup.org.uk/scripts/members/pledge/pledge.pl

NB - - - - - - - - - - - - -
If you need a reminder of your PCG username and password, see the information in this guide: https://www.pcgroup.org.uk/troubleshoot.html

Use this form to contact the office for further help:
https://www.pcgroup.org.uk/scripts/public/contact/form.pl
- - - - - - - - - - - - - - - -

PCG advice on IR 'PAYE' visits

If your business is due for a compliance visit from the IR, then PCG has produced a set of FAQs relevant to PAYE visits and the tax investigation insurance.
https://www.pcgroup.org.uk/members/paye_faq_taxinvest.html

PCG 'IR35 Toolkit' seminar

The evening session is now full, but there are still spaces at 2pm. https://www.pcgroup.org.uk/resources/seminar_01_02.html

HELP needed - eCluster survey

Important Announcement: eCluster Survey - your help urgently needed!! Nigel Lockett (Lancaster Business School), who supported PCG at the Labour fringe meeting needs helps with research into eClusters. He is looking at how SMEs work together in 'clusters' to access information and technology, such as ASPs. NB The original survey has now been adjusted to be shorter, and more *relevant* to PCG members.

"Please can I urge members to visit and complete (takes about 15 minutes) Thank you for your co-operation - Nigel Lockett"
http://www.ecluster.org/pcg1.htm

If you still need a diary for 2002 see the PCG shop
https://www.pcgroup.org.uk/members/resources/pcg_shop.html

REGIONAL NEWS - - - - - - - - - - - - - -
Real Life Meetings

For the latest information and to start a local group see https://www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=meet

To promote your local meet through the newsletter – email [email protected] with REGIONS in the subject matter, details of the event and a name and email contact point/or phone number for further information.

Newcastle upon Tyne
* * * * * * *
Tuesday 22nd January
Venue: The next meeting will be in the Carriage pub (Archbold Terrace - 2 minutes from Jesmond Metro station)
Time: 7.30pm

Peterborough
* * * * * * *
Place :Paul Pry Date : Wednesday 23rd January
Time : 8pm onwards

Herts
* * * * * * *
Date: Thursday 24th January 2002
Time: 7:30 pm onwards Venue: The White Horse, Mill Lane, Welwyn Pete Coles - [email protected]

Cambridge
* * * * * * *
Thursday 24th January 2002.
Place - Golden Hind, Milton Road Time : 7pm

East Mids (Nottingham)
* * * * * * *
Date: Wednesday 30th January 2002.
Place - Admiral Rooney, Wollaton, Nottingham
Time : 8pm

Please follow this link to Real Life meetings to get involved https://www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=meet

Mark Roderick
(PCG Executive Team)

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