Workers who are not working under the supervision and direction of a hirer and/or genuinely self-employed will fall outside the scope of the AWR – this includes most if not all of those personal service company contractors who are outside IR35 (which the vast majority claim to be) .

If those workers then bring an AWR claim they may risk having their IR35 status challenged by a tax inspector and face significant tax claims exceeding the amount of AWR equal pay they are making.

This, and the likelihood that IR35 will remain for the time being, is the main reason why many people involved in the supply or use of agency workers are taking the view that personal service company contractors are very unlikely to bring AWR claims.

Feel free to contact me support@tempoaccounting.com or call on 0203 137 6462 for further information on how Tempo accounting can help.