New Starter "Training"

[fullags]

So, I have been contracting for around 10 years and have recently started a new contract with a Financial Services company.

They want me to do some 'New Starter Training' (or "Learning" as they call it). Having had a look at it (it is done via an online portal which cannot be accessed outside of the company) it seems to cover Financial crime, Anti money laundering and anti bribery, the usual sort of stuff. I don't mind that part, per say.

However, the first few modules are about my "Personal wellbeing" (things like stress, depression etc.) and how the company "will look after me".

My problem is that if I undertake this training (any or all of it) - will that not make me more liable to fall under the IR35 ruling, especially since the module is about being part of a team and the company looking after me (?!)

I can honestly say that I have never been asked to do such training and they are quite adamant that all staff including contractors must do this.

What does everyone think? Should I say that it shouldn't apply to me or just do it and get on with it? Will it have IR35 implications?

[northernladuk]

Just do it. It most cases you can't continue at the client without it so refusing is a waste of time. There is enough stuff in there to prove its for everyone and is educating you on clients policies and areas of risk to be safe. Just because the client doesn't have a separate one for permie and one for contractors without the stress bit is easily arguable and neither here nor there.

This type of training is very common in finance, defence, pharmaceuticals and so on so it's surprising you've not seen it before.

No issues with it.

[malvolio]

If everyone has to do it it can't differentiate permie and contractor so cannot affect an IR35 decision.

[Old Greg]

Arguably stress management in fs is an equivalent to site safety in construction.

[dingdong]

You should be far more worried about HMRC ever asking your client if they have the right of supervision, direction or control over you (never mind if it was actually exercised).

HMRC won't need to concern themselves with the detail of any training courses - they've got much easier routes.

[northernladuk]

So, I have been contracting for around 10 years and have recently started a new contract with a Financial Services company.

Don't wanna be rude but how can you have been contracting for 10 years and not know enough about IR35 to make a call on this without having to ask us?

[Old Greg]

Don't wanna be rude

I'm going to have to stop you there.

[northernladuk]

I'm going to have to stop you there.

Busted

[SueEllen]

"Personal well-being" and such tulip is part of their H&S so you (or your loved ones) can't turn around and sue them when they completely stress you out and do something stupid.

I've done the courses.

[Fred Bloggs]

"Personal well-being" and such tulip is part of their H&S so you (or your loved ones) can't turn around and sue them when they completely stress you out and do something stupid.

I've done the courses.

Correct!