E&O Disclosure - do you respond?

[BjornMorg]

My client co (insurance) sent out such an email to all staff and contractors.

What are your thoughts on the IR35 implications for responding to this?

[northernladuk]

Is it a requirement for everyone to fill in so the company can meet legal obligations or some business wide need? Are certain groups excluded from it or is it everyone?

Think about H&S and IT security policies and procedures. By filling these in or attending courses you are keeping the company safe from prosecution or accidents. It's company wide, anyone that steps foot on site. IT security doesn't just apply to permies, it applies to anyone so absolutely no IR35 issue here. Everyone has to do it.

Filling things in that are meant for permies only would be a problem. But even then, how will HMRC know you filled it in? Very very small flag at best.

[BjornMorg]

Thanks NLUK.

[Clare@InTouch]

Agree with NLUK. This would be a small factor, not a determining one. You still need to look toward the trinity to prove your status - Control, Personal Service and Mutuality of Obligation. If you can't pass one of those then the small factors aren't going to help. If you barely scrape through on the main points then the smaller factors are going to have more importance in forming an overall view of your status (part & parcel of the firm etc).

[BjornMorg]

Thanks Clare.