First agency contract, pre-employment screening

[TheCyclingProgrammer]

Hi there, I'm just about to engage in my first agency contract; I operate through a limited company and I've started my due diligence in ensuring my contract falls outside of IR35.

The agent has just sent me a link and document that the client has asked him to pass on which has concerned me a little bit.

The link is an online questionnaire entitled "PRE-EMPLOYMENT REFERENCING FORM". Obviously the word "employment" is worrying; I'm not being "employed" and I wouldn't want anybody to think I am.

The attached document outlined what it was for. As well as filling out the online form they want me to sign a declaration of consent and to provide: proof of identity (e.g. copy of my passport), proof of my right to work in the UK, current address verification, 3 year employment referencing including gap analysis, professional qualifications.

I'm worried about how agreeing to any of this would affect my IR35 status or how any of it even applies to me - my company is my employer, not them. For example, the FAQs in the document state:

Why does XXX require evidence of an individual’s right to work in the UK?
All employers are required by law to ensure that their employees have the right to work in the United Kingdom under the Immigration, Asylum and Nationality Act 2006

Should I be worried? Any advice?

[EddieNambulous]

I'm no IR35 expert but it seems unlikely to me that providing identification/references would be construed as you being an employee - it would be the wording of your actual signed contract that would be looked at in an investigation.

I had to provide similar ID/Referencing a couple of contracts ago. It was just the usual security stuff that they made all their employees go through and they just used the same forms for the contractors. I didn't think twice about it.

[swamp]

It's purely reference fishing. The agent probably uses the form on their permies, hence the "employment" bits.

My advice is ignore it. Sign the contract and start the gig and when the agent asks for their "reference form" just fob them off with excuses, like you would have done with your maths homework to your form teacher. Eg "I wrote all the references down but then the cat ate them".

Works for me!

[TheCyclingProgrammer]

It's purely reference fishing. The agent probably uses the form on their permies, hence the "employment" bits.

My advice is ignore it. Sign the contract and start the gig and when the agent asks for their "reference form" just fob them off with excuses, like you would have done with your maths homework to your form teacher. Eg "I wrote all the references down but then the cat ate them".

Works for me!

Unfortunately the form isn't from the agency but is a client requirement.

The agency have also asked to see things such as proof of id, right to work in the UK as well as things like my incorporation and VAT certificate - I have no problem with any of this.

They have been on the phone trying to reassure me and part of me feels its just a bit of a bureaucratic inconvenience but obviously you can never be too careful.

I've asked the agency why the client can't take their word for it that I'm eligible to work in the UK having seen the proof from me directly.

Regarding the contract itself, it seems OK with regards to IR35; it contains a reasonably unfettered right of substitution clause, statements declaring that I have to rectify mistakes at my own expense, no specific working hours etc. I'm having it checked by QDOS to be on the safe side. That said, I'm uncertain as to whether this is mirrored in the Agency/Client contract and the agency have said that most clients never go for "right to subtitution".

Perhaps I'm fretting over nothing and should just get on with it.

[expat]

Unfortunately the form isn't from the agency but is a client requirement.

The agency have also asked to see things such as proof of id, right to work in the UK as well as things like my incorporation and VAT certificate - I have no problem with any of this.

They have been on the phone trying to reassure me and part of me feels its just a bit of a bureaucratic inconvenience but obviously you can never be too careful.

I've asked the agency why the client can't take their word for it that I'm eligible to work in the UK having seen the proof from me directly.

Regarding the contract itself, it seems OK with regards to IR35; it contains a reasonably unfettered right of substitution clause, statements declaring that I have to rectify mistakes at my own expense, no specific working hours etc. I'm having it checked by QDOS to be on the safe side. That said, I'm uncertain as to whether this is mirrored in the Agency/Client contract and the agency have said that most clients never go for "right to subtitution".

Perhaps I'm fretting over nothing and should just get on with it.

Unfortunately the client almost certainly does see you as a type of employee. Since HMRC conveniently take the client's view into account when they decide whether you fall into IR35, you can't win. QED.

[d000hg]

Ask for an amended version which substitutes "supplier" for "employee"? Or even edit the document and send a signed copy of the version you made... I've done this when standard client forms have not been designed for a real B2B relationship (i.e not just me as a contractor)

[pzz76077]

Just hold on to the form until after you have worked in your contract for a few weeks, if no one asks you for it, throw it in the bin.

...unless the client co is a financial org then they will be asking for this kind of information to do a background check on your financial honesty before letting you in the door.

The proof of ID for the agent is standard stuff- just send a scan of your passport over to cover this off. This will also prove that you have the right to work in the UK etc.


Let us know how it goes.

PZZ

[TheCyclingProgrammer]

OK small update, after getting some advice from QDOS who confirmed my doubts, I've gone back to the agent and they are chasing the client and current feedback is positive and they are looking for a way around it.

[minestrone]

I got an "empoyee contact form" recently, name address, tel number NI number etc.

Pen right through the word Employee and NI Number and client never even bothered but really I doubt the tax man would ever find these things.

[TheCyclingProgrammer]

I got an "empoyee contact form" recently, name address, tel number NI number etc.

Pen right through the word Employee and NI Number and client never even bothered but really I doubt the tax man would ever find these things.

You're probably right, I'm just being ultra careful.

Anyway, the client has agreed I don't need to fill out their silly form and have accepted my agent's confirmation of my right to work in the UK (all I had to send the agency was my company incorporation form, VAT certificate, copy of my passport and give them one reference).

They did get me to opt-out of the EAA regs which is fine; I spent ages on here reading the many threads on this and couldn't really see any good reason to stay in and it would have just been more hassle to not opt-out.