APSCo advises recruiters hit by Carillion collapse

(2 minutes to read)

Following the call from Serco's CEO Rupert Soames, for a "more balanced relationship between suppliers and government", the APSCo has offered advice to recruitment consultancies that hold contracts with Carillion Plc and group companies.

Rupert Soames was speaking ahead of a meeting between the Work and Pensions and Business Select Committees and Deloitte and the Pensions Regulator, which is being held as part of a joint inquiry into the crisis to determine their role in the collapse of the construction giant.

On Wednesday 21st February, the Association of professional Staffing Companies (APSCo) hosted a webinar in partnership with Squire Patton Boggs to advise members hit by the Carillion collapse.

In this webinar, Tania Bowers, General Counsel at the APSCo, said, “As details around contractual rights continue to unfold, we are advising members to keep abreast of updates to the Carillion Latest Information section of the PwC website (which can currently be accessed via the homepage).

“This week’s webinar reiterated the unique circumstances of this compulsory liquidation, with employment and commercial contracts not being automatically terminated as is usually the case under these circumstances, most certainly because of the scale of upheaval that this would cause.

“For recruiters with live contracts, PwC – which has been appointed as a Special Manager to Official Receiver with the liquidations – continues to recommend that, “Unless advised otherwise, all agents, subcontractors and suppliers should continue to work and provide goods and services as normal, under their existing contracts, terms and conditions” and that anyone who continues to supply services will be paid for such work post-liquidation.

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“If members are supplying staff to sub-contractors of these Carillion entities, at present the PwC website indicates services should be supplied as usual and that the sub-contractor will be paid for services provided post-liquidation.

“If any contracts contain a “pay when paid” provision, you should obtain specific advice on whether it is enforceable. Note that if left unpaid, there is a risk that contract workers and CIS subcontractors will claim employment status to seek recovery and advice should also be taken on any such claims.”

APSCo has also suggested that members may consider making use of the recently launched Small Business Commissioner’s (SBC) Complaints Scheme to help recover unpaid invoices.

Bowers added, “The Small Business Commissioner has been quite vocal, encouraging small businesses to complain to him about poor payment.

“Organisations with fewer than 50 staff have twelve months to lodge a complaint about a larger private sector client (50 plus employees) who has failed to pay, although they must have already tried to resolve the dispute directly.”

To find out more about contracting please contact Sophie on 01442 795 100 or email sophie.lewis@dolanaccountancy.com

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Dolan Accountancy was set up by Simon J Dolan, the man behind the well-known brand SJD Accountancy. With over 25 years experience in the contracting marketing, Dolan Accountancy has the heritage, reputation and credibility you can trust. Working closely with our sister company, Contractor Umbrella, it means we can offer one low cost, fixed fee package at £95 + VAT per month. This gives you the flexibility of using both our Limited Company Accountancy Services and our award winning Umbrella Service, for one inclusive cost. We don’t believe in tiered packages or hidden extra fees, instead we aim to give you everything you need, including:

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If you’d like to find out more about how Dolan Accountancy can help you and your business, please give us a call on 01442 795100 or email sophie.lewis@dolanaccountancy.com or jaime.thorpe@dolanaccountancy.com.

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