POOL & SPA INDUSTRY

Sad News During A Difficult Time

With Coronavirus dominating both the headlines and the day-to-day operations of many businesses, Chris Hayes provides his latest industry update

What an incredible and sobering year we have witnessed so far.

With COVID-19 wreaking havoc around the World, the UK has been adversely affected more than most, with deaths from this disease. It is always more shocking when it happens to family or friends, and our industry has witnessed people gravely ill and sadly, there have also been some fatalities. To the families and friends of everyone who has died, I extend my sympathy to you for your loss. I would like to make special mention of Steve Franks (CEO at Water Babies) who was one of the people who has died from COVID-19. I had the pleasure of knowing Steve, first in his role with STA and then again when he took on his role at Water Babies. He was a keen and passionate advocate for our industry and firmly believed in the importance of education. He was especially keen to support children develop to their full potential. He set up, in partnership with a broad array of others, The Children First Alliance, which he launched in the Houses of Parliament last year. The Alliance is in its infancy but if anyone would like to support Steve’s legacy, his wife Alison would very much welcome your donation. As The Children First Alliance’s bank account is partway through being opened, Paul Thompson at Water Babies

has offered to pass on any monies donated to The Children First Alliance. The Water Babies bank account details are: Account name: WBX Limited; No.: 06348041; Sort Code 18-00-02.

I would also like to mention Allen Wilson, who has also recently died (but not from COVID-19). Over many years, Allen would correspond with me on industry matters and during his time as ISPE President, I got to know Allen very well, as we prepared for the Gala Dinner and the awards part of the evening. He was extremely knowledgeable and his wry sense of humour will be sadly missed and our thoughts are also with Allen’s wife Sandra.

COVID-19 has brought about changes to the way we work and how we interact with our wider family and friends. Working from home and having online meetings has increased exponentially. Working online has been second nature to the BISHTA and SPATA committees, who have been busy supporting members. In her article following this page, Sallie Leslie-Golding has also outlined how the industry is moving forward together with BISHTA and SPATA using their respective websites, not only for members but to the wider industry. I would like to add my personal thanks to Alex Kemsley for the donation of an infographic that we have put on the website about COVID-19 and our thanks again to our friends at The Arboricultural Association for the use of their original material.

Although a number of face-to-face training opportunities have been postponed, to help members, a series of webinars have been hosted live by BISHTA and SPATA. Thanks

The incredible weather that we have been experiencing in most parts of the British Isles for the past few months has been some compensation and has certainly helped drive demand for many of our products and services”

also to Nick Clamp, amongst others, for putting on some other webinars, providing much-needed assistance to the industry.

The incredible weather that we have been experiencing in most parts of the British Isles for the past few months has been some compensation and has certainly helped drive demand for many of our products and services. With gardens becoming the centre of attention for so many of us with access to one, there will be increased demand for garden improvements, and we will be ready to provide those products. We have seen huge pent up demand, with sales of items such as inflatable spas meaning that a whole new generation of people will be getting used to the benefits of water recreation.

All of this extra demand should mean there are many more projects to be entered into the British Pool & Hot Tub Awards 2021 (or beyond). The entries for the Awards will be open this month, and so members are encouraged to enter the industry’s longest established awards event. Thanks to the generous sponsorship of a number of BISHTA and SPATA members, who help to make it possible to put on the British Pool & Hot Tub Awards, this helps to promote the industry and to recognise the achievements of the work undertaken by members.

Following the Awards, Sallie LeslieGolding and the PIP Committee then maximise exposure to generate publicity within the trade and consumer press. On page, 32 Sallie explains the national campaign to promote the UK pool and hot tub industry in the wake of Coronavirus with our newly-appointed PR partner Speed Communications. This is a very exciting time for the industry to raise its profile further.

Finally, in this issue, my thanks to Claire Halle-Smith at Wright Hassall for their article on page 33 explaining IR35 (the off-payroll working rules). Wright Hassall’s professional support is always welcome, and I know that some SPATA members choose to use them when they need legal assistance.

Stay safe!

Moving Forward Together

With 2020 undoubtedly being a year unlike any other, we highlight a number of initiatives and resources that have been made available through BISHTA and SPATA to assist companies operating across the wet leisure industry

When we look back at this year, we are all going to want to see that we have maximised every drop of positivity that we can find in what will have been a challenging year. None of us can know what the remainder of 2020 will bring (and even the prospects for next year) but as we get used to the ‘New Normal’, in these uncertain times, what we can do is be stronger by working together.

As we entered the Government enforced lockdown, many of us were left shell shocked by the immensity of the effect that Coronavirus had on our lives and livelihoods. But then ensued a time of assessment to collect our thoughts and get down to business. The team at BISHTA and SPATA (Jan Hardy, Sallie Leslie-Golding, Isabel Lock, Debbie Thornton and Caroline Cross) and also the SPATEX team (Michele Bridle, Helen Mulingani, Thay Castro and Penny Farmer) both led by Chris Hayes, didn’t waste any time. The whole team were soon in the swing of a new way of working – remotely at home. Which meant there was no downtime in terms of the service offering to members and exhibitors.

The various committees, not only of BISHTA and SPATA but also BSPF, PIP, and SPATEX were called into action, and their respective plans started to formulate to support members and exhibitors in the way forward. As we all got used to remote working, various meeting tools have come into play to keep business moving.

COVID-19 SUPPORT TOOLS

A new page was established on the BISHTA and SPATA websites specific to Coronavirus COVID-19, which is accessible to the whole

The annual British Pool & Hot Tub Awards hosted by BISHTA and SPATA as part of the Industry Gala Evening is a vital way to provide muchneeded publicity and good news stories”

industry. This means that you don’t need to be a member of BISHTA or SPATA to view this information. Eventually, this page will be moved to the secure online Member’s Hub, but the trade associations felt it was important that the whole industry work together and pull in the same direction in these unprecedented times.

Chris Hayes wrote to The Rt Hon Alok Sharma MP, Secretary of State for Business, Energy and Industrial Strategy to state a case for our industry when the Government were highlighting various industries as ‘essential’. The industry also contacted the Health and Safety Executive (HSE), Public Health England (PHE), Sport England, and Trading Standards to lobby on the importance of our services concerning water hygiene management. Due to the health and safety risks of water leisure products being left untreated across the country, both domestic and commercial, it was argued that it was essential for our industry to continue to be able to help maintain safe water while adhering to the specified safe working stipulations during the lockdown. Therefore, visitors to the Trade Association Coronavirus pages will find helpful documents such as the; Pool and Hot Tub Industry View on Coronavirus and Coronavirus Q&A for both BISHTA and SPATA.

WORKFORCE SAFETY

For workforce guidance, companies can download a very useful infographic which provides simple visual advice for those continuing to work onsite during the Coronavirus pandemic. The development of this infographic poster (right) highlights the value of working together. Members sent a version of this infographic to BISHTA and SPATA from the Arboricultural Association who kindly permitted for our industry to reuse it. However, Alex Kemsley (a BISHTA and SPATA member) chose to redesign the infographic and donated it free of charge for the industry to use. This poster can be downloaded and displayed in workplaces, used for training, carried in work vehicles and used as a reassurance to customers on your companies’ safe working policies. Along with this infographic poster, a new factsheet setting out further guidance and supporting the online information provides a helpful resource.

Following the suggestion by Dyfed Thompson-Smith (PIP Chairman) both BISHTA and SPATA have been providing Advice for those continuing to work on site during

the Coronavirus pandemic

BISHTA and SPATA recognise that many people working in our industry cannot work from home. They can work onsite following suitable public health guidance and keeping staff and other people safe. The associations recommend that members should consider any health and safety duty they may have to their business / domestic clients in managing the water hygiene of their pools / hot tubs. This consideration should be balanced with the requirement to protect the health and safety of staff, contractors and clients during this public health pandemic.

If you do decide to work on site, then any tasks must be carried out safely, and in line with public health guidance, so we would urge you to do the following:

1

Only travel to work if you are unable to work from home

2

Only work if you are not showing symptoms of Coronavirus

3 4

Do not work in any households where someone is self-isolating

Always maintain a 2m distance from others

5 6 7 8 9

Wash your hands regularly or use hand sanitiser if hand washing facilitites are not available

Travel separately to site rather than sharing lifts with others

Do not share equipment

Disinfect all equipment after use

Plan work carefully to minimise the risk of further burdening the NHS

For the latest updates from the Government please visit: www.gov.uk/coronavirus

For additional advice for the industry please visit: www.bishta.co.uk www.spata.co.uk

www.pwtag.org

This useful infographic can be downloaded from the BISHTA and SPATA websites

weekly online webinars for members since April. The webinars are a mix of technical content (on subjects such as Standards), updates on COVID-19, and they are also an opportunity for members to network with each other. The webinars will continue online for the foreseeable future and the list of topics covered so far includes: • SPATA: Coronavirus Industry Update,

Overview of British Standards Online (BSOL), SPATA Standards, Making the

Most of your SPATA Membership and SPATA Inspections. BISHTA: Coronavirus Industry Update, Making the Most of your BISHTA Membership, Planning Showroom opening to the Public and Education & Training Options for BISHTA Members.

If any members missed these presentations, they are available to view in the online Member’s Hub and those specifically related to COVID-19 are on the public page.

PUTTING A SPOTLIGHT ON THE UK POOL AND HOT TUB INDUSTRY

On page 32 you can read all about the plans for a nationwide PR campaign which is funded by the Pool Industry Promotions (PIP) committee providing a great opportunity for the whole UK pool and hot tub industry to come together. The pandemic lockdown has meant people have spent more time in their homes and more time assessing their lifestyles, resulting in a growing desire to make improvements to their homes and especially their gardens. Adding to this, if we consider the likely restrictions applied on foreign travel for the foreseeable future, there is strong evidence that people are looking to improve their homes and lifestyle with water leisure products featuring high up on the list.

THE WINNING MENTALITY – ‘YOU’VE GOT TO BE IN IT, TO WIN IT’

The annual British Pool & Hot Tub Awards hosted by BISHTA and SPATA as part of the Industry Gala Evening is a vital way to provide much-needed publicity and good news stories. With this in mind, 2021 is a big year for the trade associations, as SPATA celebrates its 60th anniversary, and BISHTA celebrates its 20th anniversary. SPATEX itself will be celebrating its 25th anniversary. Plans have started to be set in place for a celebration to remember at the Industry Gala Awards evening during SPATEX 2021. Providing some great events to look forward to and the awards create a fantastic opportunity to showcase the best examples of the industry in construction, design, installation, retail, service and innovation.

The British Pool & Hot Tub Awards are the longest-running and most wellrespected awards in the UK industry, and the affiliation with BISHTA and SPATA raises the profile of these awards in consumers’ minds. The knowledge that winners of the awards are certified members of the trade associations and work to their standards and code of ethics provides an additional endorsement for winning companies. With the planned national PR campaign, mentioned above, the relevance of BISHTA and SPATA membership will be even more at the forefront of consumers minds when making their purchase decisions.

Online entry to the 2021 British Pool & Hot Tub Awards opens this month, and this

The British Pool & Hot Tub Awards ceremony takes place annually at the Industry Gala Evening, the biggest water leisure industry social event of the year

is your chance to celebrate your successes and grow your company profile. There is an increased demand for water leisure products currently, but even when business is good, and turnover is healthy, you should never stop marketing your business, and this is where the strength of the British Pool & Hot Tub Awards can help showcase your company and give it the spotlight it deserves.

These awards play a crucial role in promoting the industry, not only to the trade but more importantly, to a wider consumer audience. Judging comes directly from top industry specialists who regularly work with BISHTA and SPATA. Entries are also anonymously judged, based on the quality of the entry and fairly awarded using a points system. Therefore, winning a British Pool & Hot Tub Award is a mark of excellence from the water leisure industry.

Winning an industry award is always going to be good for business, it’s great publicity, an endorsement of your company, and it can have a significant impact on your turnover. But it’s what you do with awards which makes the real difference to your turnover. If you can maximise the use of your PR and Marketing channels after winning your award, you could see some fantastic results.

The Awards have been designed to appeal to a wide cross-section of the consumer press. Year on year, the coverage for the award-winners (both locally and nationally) is gaining more and more momentum. And if we find that 2021 becomes a more challenging year for businesses, should the economy be negatively affected, the marketing that you set in place now will help your business going forward.

The award ceremony takes place annually at the Industry Gala Evening, the biggest water leisure industry social event of the year. The evening is always scheduled for the first night at SPATEX held at the Ricoh Arena in Coventry. The next event is to be held on Tuesday 2 February 2021. Seats for the evening are open to the whole industry; you do not need to be a BISHTA or SPATA member to attend the Industry Gala Evening. More news on the event and how to book seats will be available in future issues of SPN and also on the BISHTA, SPATA and SPATEX websites.

Entering the British Pool & Hot Tub Awards also opens the door to Europe! As award-winning companies are eligible to be shortlisted for the European Pool & Spa Awards hosted by EUSA (European Union of Swimming Pool and Spa Associations). Winning these awards can provide UK winners with further publicity and helps to raise their profiles not only in the UK but also around the rest of Europe.

You can enter the British Pool & Hot Tub Awards via the respective members’ hub of the BISHTA and SPATA websites by clicking on the ‘Online Entry’ button or under the ‘Trade’ section. If you are interested in joining BISHTA or SPATA or being an award sponsor, please contact the relevant association.

With the economic challenges that may lie ahead and with the health uncertainties that Coronavirus has brought, we all must work together to encourage consumers to fulfil their dreams of pool, spa, hot tub, sauna and steam ownership.

National Campaign To Promote The Industry In The Wake Of Coronavirus

As PR & Marketing Manager for the BSPF, BISHTA and SPATA, Sallie Leslie- Golding shares news on an exciting consumer PR and marketing campaign set to benefit every company involved in the UK pool and hot tub industry

Since joining the industry in 2013, I have been working with the Pool Industry Promotions committee (PIP). The PIP committee was established in the mid1990s with an emphasis on PR and marketing on behalf of the industry. Today’s committee has representatives from both the pool and hot tub sectors providing a combination of experience in all parts of the industry. Knowledge and opinions are freely shared with a common interest in driving the industry forward. In general, the committee meets quarterly, and once per year, the PIP strategy is reviewed to set plans in place for the coming year. The work programme incorporates items such as traditional and digital PR (trade and consumer), media monitoring, contact with press and media, case studies, factsheets, the PIP marketing toolkit, exhibitions and events, website development and performance, e-newsletters, social media, market research, advertising, partnerships and campaigns. With funding coming from SPATEX – the UK’s only dedicated pool, spa and wellness show – along with contribution from BISHTA and SPATA members.

While promoting the industry (as a whole) is the ultimate goal, there is great value in encouraging businesses to join BISHTA and SPATA. By encouraging companies to join the trade associations, we help to raise the profile of the industry so that consumers can shop with confidence in the knowledge that trade association members are working to nationally recognised standards and a Code of Ethics. This, in turn, builds a stronger industry with a more effective voice, filtering out those companies who may be unethically trading and selling sub-standard products. The trade associations aim to raise the profile of member companies to the forefront of consumers’ minds to provide trust and peace of mind.

When the Coronavirus lockdown began in March, there were concerns from the various committees (notably the SPATEX board following a suggestion from Alex Kemsley) that our industry was going to be hit hard. So,

the PIP committee got to work with putting together a marketing campaign brief to boost the industry post-lockdown. PIP agreed that we needed to get a great PR agency on board with scope for broad PR reach and who would be able to drive increased publicity for the industry with multi-channel techniques. At the end of April, using online meetings, the PIP Committee saw campaign pitches from eight agencies presenting a variety of proposals. We are happy to say that we have now appointed Speed Communications, a fantastic fullservice digital promotional agency.

As we have all experienced, the country is changing daily because of COVID-19 and so are the buying behaviours of consumers. Subsequently, our initial concerns for the industry have changed somewhat since the beginning of lockdown. Looking at Google Trends data during this time, the hot tub industry has been experiencing increased interest from consumers. And although people do not seem to be searching online for home swimming pools right now, there are searches for pool related products such as pool heaters and pool covers. To substantiate this, we have spoken to some BISHTA and SPATA members, and they are experiencing increased demand for their products. Therefore, PIP feels that we need to capitalise on this interest and the surge in demand.

This campaign will primarily be a consumer (B2C) marketing campaign to make waves for the pool and hot tub industry, through

PIP agreed that we needed to get a great PR agency on board with scope for broad PR reach and who would be able to drive increased publicity for the industry with multi-channel techniques”

a creative campaign that generates positive noise in the media and comes to life to make pools and hot tubs the must-have items this summer and beyond. The campaign will be built around ‘staycations at home’, introducing pools and hot tubs to create an #everydaycation lifestyle. As I have mentioned, there is increased demand for water leisure products, so we want to build on this throughout 2020 and have a second ‘bite of the cherry’ in 2021 to reignite the campaign.

Speed Communications have commenced work with research into the target audiences for pool and hot tubs, looking at differences and common interests. By the time this article is published, actions will be well underway, and we will be looking to communicate ways that your company ‘canget-involved’ and join forces industry-wide in maximising the increased publicity. The best way for us to do this would be through e-shots. BISHTA and SPATA members will receive updates in their respective weekly e-newsletter and the online Member’s Hub, where we will share tools and creatives to get involved, along with news of any media coverage that members can amplify in their local areas. If you are not a trade association member and you would like to participate, please email your contact details to me (sallie@pool-industry-promotions.co.uk), and we will keep you updated with the latest news. Alternatively, if you are interested in joining BISHTA or SPATA, please get in touch, and we can progress your membership application ASAP.

We would like to thank the PIP Committee for their continued commitment during these unprecedented times; Dyfed Thompson-Smith (Chairman), Jeremy Chalke, Neil Dalziel, Phil Gordon, Arun Sarna, Jon Herbert, Mark Ramsden and Alex Kemsley.

Work now starts to get the campaign live, with Chris Hayes (Managing Director – BISHTA/SPATA) and myself working with Speed Communications in the coming weeks to roll out the campaign.

IR35… What Does It Mean For You?

With new rules coming into effect in April 2021, Claire Halle-Smith, Senior Associate in the Commercial Team at Wright Hassall, takes a closer look at IR35 and the changes for medium and large private sector businesses which engage workers through intermediaries

IR35 is another name for the off-payroll working rules. These were introduced to address a form of perceived tax avoidance where individuals may seek to avoid paying employee income tax and national insurance contributions (‘NICs’) by providing their services through an intermediary, such as a personal service company (‘PSC’).

The rules are essentially looking to ensure that two individuals working in the same or similar ways will pay the same or very similar income tax and NICs, even if one is engaged via an intermediary.

WHEN WILL IR35 APPLY?

From 6 April 2021, all medium and large private sector businesses which engage workers through intermediaries such as PSCs will be responsible for determining if the individual should be considered an employee for tax purposes.

WHO WILL BE AFFECTED?

Medium and large private sector businesses will be affected by these changes to IR35. Small businesses will not be affected. The precise test to determine whether or not a business is caught by the new rules will be set once the Finance Bill 2019 has been finalised and passed as an Act.

Currently, a business will be exempt if two or more of the following criteria are satisfied: • Its annual turnover is not more than £10.2m; • Its balance sheet total is not more than £5.1m; and / or • Its number of employees is not more than 50.

WHAT IS A STATUS DETERMINATION AND WHEN / HOW MUST THIS BE MADE?

If IR35 applies, the business receiving the services from the individual must make a status determination statement. This is a statement which sets out the business’ conclusions as to whether or not it believes that the individual would be regarded (for income tax purposes) as an employee of that business if the services were being provided under a direct contract between the business and the individual.

A status determination statement will be valid even if the business has incorrectly concluded that an employment relationship does not exist, but the business must have taken reasonable care in coming to its conclusion.

The status determination and the reasons for the determination will need to be communicated to the individual and to all other parties in the contractual chain between the client business and the individual concerned (i.e. the intermediary/ PSC and any agency if relevant).

For ongoing contracts, the status determination must be communicated to the individual (and any intermediary and agent) before the first payment for services is made after 6 April 2021. For new contracts, the communication of the status determination should predate the start of the contract or, if later, the date on which services under the contract are first provided.

WHO WILL PAY INCOME TAX AND NICS IF IR35 APPLIES?

The ‘fee-payer’ is responsible for payment of any income tax and NICs that may apply.

If the business contracts directly with the individual’s intermediary, then the business will be the fee-payer. If the business relies on an agency to source and contract with the intermediary, then the agency is likely to be the fee-payer and responsible for making those payments.

However, if the business does not make

... all medium and large private sector businesses which engage workers through intermediaries such as PSCs will be responsible for determining if the individual should be considered an employee for tax purposes”

a status determination, it does not provide its reasoning behind its decision as to the individual’s employment status, or it does not take reasonable care in making the determination, the determination will be invalid, and the business will retain feepayer status, regardless of the involvement of any agency. It is therefore important for the business to keep detailed records of each status determination, including the reasons for the determination and the fees paid.

HMRC has developed an online tool for a business to check employment status for tax (CEST). While there is no obligation to use this tool and while there is criticism by businesses and individuals alike as to its accuracy, the tool does have the advantage that HMRC will be bound by the output of the tool unless it has been obtained fraudulently / through manipulated data.

WHAT ARE THE RESPONSIBILITIES OF A BUSINESS?

Where a business is the fee-payer as referred to above and when the status determination deems the individual an employee of the business, in summary, the business must: • calculate the deemed direct payment to account for income tax and NICs associated with the contract; • deduct those taxes and NICs from the payment to an individual’s intermediary; • pay employer NICs; and • report to HMRC as to the taxes and NICs deducted.

Wright Hassall

01926 880739 www.wrighthassall.co.uk

Wright Hassall are a full service independent law firm based in Leamington Spa that acts for both businesses and individuals locally, regionally and nationally on a wide variety of areas. The company prides itself on a client centric approach with a strong commitment to the development and community within the wider Coventry and Warwickshire region.