New client screening check - employee looking forms

[bitsprint]

Hi,

I have a conditional offer for a contract depending on some screening checks. The client is in the financial sector.

The agent sent 3 documents to be filled in and signed, I have to deliver these by hand with identification - passport, utility bill, etc.

All this is fine by me, my most recent contract was in finance and I had to undergo screening for that one, but I’m a bit worried about the terminology in these documents.

The first document is a “Contractor application form” which requests personal information, including dob, address history, national insurance number, whether I have any criminal convictions, CCJ’s, defaults, etc. My concern with this form is that it is very specific to myself as an individual rather than to my business and includes terms such as “the employ of or assignment with” and “termination of my assignment”.

The second document is an “Additional employment” form requesting details of any other organisations I am currently employed by, either on a part time or casual basis.

The final document is a “Declaration of interest” form requesting details of any conflicts of interest. My concern with this form are the terms “All staff members”, “Job title” and “Department”.

I’m supposed to be handing these in tomorrow but have emailed the agent to ask them to delay the appointment as i’m unsure whether filling these out and signing them would make me appear to HMRC as a hidden employee.

Of course, I really want the contract and don’t want to appear difficult.

Thanks for any advice/assistance.

[northernladuk]

Well you as a person are the risk so surely they need your details to check.

I dont think the fact they haven't renamed the forms makes much difference. They are still carrying out diligence on anyone touching their systems.

[Lance]

If you don't do as they ask then you almost certainly won't get the role.
So ask yourself the question, about whether you should do as they ask, rather than us, with that information to hand.

You will get your answer.

[tarbera]

New client screening check - employee looking forms

Long story short

No point in delaying as 100% you will have to comply if you want the role

Your contract has been reviewed to be IR35 free I take it?? that's what matters here

[bitsprint]

Long story short

No point in delaying as 100% you will have to comply if you want the role

Your contract has been reviewed to be IR35 free I take it?? that's what matters here

Yes, contract will be reviewed. Ok, thanks all - I have no problem with the screening process just wanted to make sure the 'employee' related terminology in the screening docs didn't land me in hot water!

[Spikeh]

IANAL, obvs.

The first document is a “Contractor application form” which requests personal information, including dob, address history, national insurance number, whether I have any criminal convictions, CCJ’s, defaults, etc. My concern with this form is that it is very specific to myself as an individual rather than to my business and includes terms such as “the employ of or assignment with” and “termination of my assignment”.

Personally this one sounds sketchy to me - your personal circumstances should have nothing to do with the client or your relationship (esp if you have a substitution clause). Personally I'd fill in only the relevant fields and leave the rest alone, as long as it's not specific in its definition of "employee". The title is "Contractor Application Form" after all, and if they need to do compliance checks, all they need is your name and address and company name.

The second document is an “Additional employment” form requesting details of any other organisations I am currently employed by, either on a part time or casual basis.

If you're a ltd company, you are employed by it - so unless you're actually employed by any other legal entity, just complete it with your Ltd company details. Your other clients and freelance work are not defined as employment, and as long they don't affect your ability to deliver the services you've agreed in the contract, you'll be fine.

The final document is a “Declaration of interest” form requesting details of any conflicts of interest. My concern with this form are the terms “All staff members”, “Job title” and “Department”.

You ARE a staff member (well, kinda - you're officially a supplier to the client, but if you or one of your employees / substitutes are on site, they are staff), but not an employee. Department and Job Title - although largely irrelevant to you personally - help the client define your role and services. These days I would probably fill "Job Title" with a description of the services I've had defined in the contract / schedule, or just put "Software Consultant".

Does the contract explicitly state that you will not do work for other clients, or that you CAN do work, but it shouldn't cause a conflict of interest with the client? Personally I have these clauses removed or revised to allow me to do the work, but not reveal trade secrets / produce an identical product - because it restricts my current and future business.

But, as everyone else has said - if you're not comfortable with the paperwork, you probably won't get the job. Depends what's more important to you