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 PCGs 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
A pdf background to the study is available: https://www.pcgroup.org.uk/members/resources/eCluster_survey_flier.pdf
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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