HR "Identity" Form

[hattra]

I have just started a new contract, and the client's HR department has asked me to fill out a form headed "Application for Employment", asking me to provide various personal information, along with NI number, previous names & addresses, etc, as well as my passport so that they can keep a copy for their records.

I am concerned that this would be an indicator that I am caught by IR35, and I am not required by my contract to provide it (the contract is actually quite good from the IR35 perspective).

What am I legally required to provide to the client, and what can I provide, over and above the legal minimum, without getting into difficulties with IR35?

[Denny]

I have just started a new contract, and the client's HR department has asked me to fill out a form headed "Application for Employment", asking me to provide various personal information, along with NI number, previous names & addresses, etc, as well as my passport so that they can keep a copy for their records.

I am concerned that this would be an indicator that I am caught by IR35, and I am not required by my contract to provide it (the contract is actually quite good from the IR35 perspective).

What am I legally required to provide to the client, and what can I provide, over and above the legal minimum, without getting into difficulties with IR35?

Just politely tell them that this information is irrelevant to the commercial relationship you have established with the organsation. If they insist on certain information being provided ask them to put in writing why they need to know it and then, once you are satisified there are solid B2B grounds, only provide the information on your own letterhead not the 'staff HR forms.'

[Euro-commuter]

I have just started a new contract, and the client's HR department has asked me to fill out a form headed "Application for Employment", asking me to provide various personal information, along with NI number, previous names & addresses, etc, as well as my passport so that they can keep a copy for their records.

I am concerned that this would be an indicator that I am caught by IR35, and I am not required by my contract to provide it (the contract is actually quite good from the IR35 perspective).

What am I legally required to provide to the client, and what can I provide, over and above the legal minimum, without getting into difficulties with IR35?

Write to them and point out that they must be mistaken, you have no intention of applying for employment.

[hattra]

They've reponded to my initial email with

"If you like you can cross out the Application for Employment bit out and you dont need to put your NI Number on it.

But we need this information for many reasons, one being Health and Safety.
We will not chase any references as this should have been done already.
This document is purely for our records & reference in case of emergency and will be kept in a safe place under Data Protection Rule."

Verbally, they've also said that they need to verify my ID, (copy of passport & 5 years of employment history) because there's a bonded warehouse on site & they deal with air transport, and they need a copy of my driving license if I want to park on site, for their insurance company.

The trouble will be getting them to put that all in writing, as they're already p1ssed off with me for not complying immediately.

[Old Greg]

Drop them a polite email thanking them for their help etc. and list everything you agreed and ask them to send for you records a brief reply confirming your email.

[gingerjedi]

They've reponded to my initial email with

"If you like you can cross out the Application for Employment bit out and you dont need to put your NI Number on it.

But we need this information for many reasons, one being Health and Safety.
We will not chase any references as this should have been done already.
This document is purely for our records & reference in case of emergency and will be kept in a safe place under Data Protection Rule."

Verbally, they've also said that they need to verify my ID, (copy of passport & 5 years of employment history) because there's a bonded warehouse on site & they deal with air transport, and they need a copy of my driving license if I want to park on site, for their insurance company.

The trouble will be getting them to put that all in writing, as they're already p1ssed off with me for not complying immediately.

If that is all they need it for then I wouldn't worry just fill it in and be done, get them to cross out 'Application for Employment' and replace it with H&S record.

[timh]

The trouble will be getting them to put that all in writing, as they're already p1ssed off with me for not complying immediately.

Just put it all in writing yourself, and get one of them to sign it. Then either fill in the form (cross out the irrelevant bits with a heavy black marker) or put the details on a doc with your letterhead, and give them that.

They have no right to get pissed off, just act helpful, responsible and professional and they'll back off.

[hattra]

The reason I'm a bit nervous about this is that I had a similar issue with a client back when IR35 first came in, and the HR person there blacklisted me as a trouble-maker (with quotes like "I'm not going to assist contractors in evading tax" being thrown around) - I haven't been able to get even an interview there since (about 10 applications), despite being perfectly well qualified to do all of the roles that I have applied for.