Client - Anti-Bribery and Corruption certification

[DirectorKuro]

Hi all,

First time post. I'm a contractor working via a limited company. Current client has asked me to confirm that I've complied with client's 'anti-bribery and gifts policies' by signing a 'Anti-Bribery and Corruption certification'.

Client has insisted that this should be signed by full time employees and contractors. As I'm not an employee of the client, I don't see why I'd sign this. Furthermore, I'm wondering whether signing these kind of end-client policy documents would be problematic from a IR35 perspective.

Anyone working via a limited company been asked to sign one if these certifications by a client?

Many thanks

[SarahL2012]

Yes - its come up in a couple of FS organisations I've done work at plus a compulsory online questionnaire at 1 place which tested knowledge of the act.

I really don't consider these kind of things IR35 indicators. The client has an obligation to make sure they can evidence everyone working for them is compliant and one man band contractors are a higher risk than the big consultancies with their own policies and procedures in place.

I used to worry about this sort of stuff when I first started contracting but now I just go into every job trying to evidence some of the bigger ticket items around MOO etc so hopefully I can head any potential HMRC investigation off early.

[malvolio]

If everyone has to do something, it can't be used as a differentiator to prove you are (or aren't) a disguised employee. Not everything is about IR35, just occasionally you have a job to do and meeting your client's obligations is part of it.

[DirectorKuro]

If everyone has to do something, it can't be used as a differentiator to prove you are (or aren't) a disguised employee. Not everything is about IR35, just occasionally you have a job to do and meeting your client's obligations is part of it.

Thanks for your reply. That makes sense.

[northernladuk]

I don't see why I'd sign this

You need to think a bit harder about your relationship to your client and the interaction between your business and them if that is the case. Do you think it's reasonable to allow any Tom, Dick or Harry access to their systems without doing a bit of due diligence first? What would your position be if they asked you to sign a H&S one?

[DirectorKuro]

You need to think a bit harder about your relationship to your client and the interaction between your business and them if that is the case. Do you think it's reasonable to allow any Tom, Dick or Harry access to their systems without doing a bit of due diligence first? What would your position be if they asked you to sign a H&S one?

Yep, fair enough. I tend to take the 'avoid signing anything' approach if possible. Obviously this is impractical in certain circumstances like H&S etc. I wasn't sure about this certification; haven't come across it before hence post. Thanks.

[northernladuk]

Yep, fair enough. I tend to take the 'avoid signing anything' approach if possible. Obviously this is impractical in certain circumstances like H&S etc. I wasn't sure about this certification; haven't come across it before hence post. Thanks.

Take the 'Understand what I am signing and why' approach. It's much better. :-)

[SueEllen]

Yep, fair enough. I tend to take the 'avoid signing anything' approach if possible. Obviously this is impractical in certain circumstances like H&S etc. I wasn't sure about this certification; haven't come across it before hence post. Thanks.

Well that's stupid it's similar to putting your head in the sand.

You need to find out why you need to sign it, and whether you as your own business should put some measures in place to protect yourself under that particular law.

In this particular case doing a bit of Googling would have answered your questions.

[ASB]

I have to do these blessed things in different guises as on line tests about once a month.

"George has offered Fred 10k in cash to award the contract, is this OK".

Then there are H+S ones.

Then often have to do the same again for actual end clients.

Biggest waste of time since the health and safety course on how to use the stairs when the lifts were being replaced.

Totally necessary so employer can demonstrate compliance with the act though. They keep scores, records of who has done the questionnaires etc. and when.

Of course employer does have a choice.

Not bid for any government work, or a very large portion of private work.

[CloudWalker]

IR35 can panic a lot of people.
I was on a Serco contract and the boss came round asking if we wanted a free flu-jab as It was open to all employees.
I said No thanks as I don't really need it, But other contractor said It would affect their IR35 status