Hi,
I operate a Ltd company and an employee (me) does work by way of a contracted arranged by the agency for a client. Opt-out is in place.
The intermediary regulations have been fulfilled by way of an NI number. The agency however is requesting I.D (passport copy) under:-
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
In particular:-
Confirmation to be obtained about a work-seeker
19. Neither an agency nor an employment business may introduce or supply a work-seeker to a hirer unless it has obtained confirmation—
(a)of the identity of the work-seeker;
(b)that the work-seeker has the experience, training, qualifications and any authorisation which the hirer considers are necessary, or which are required by law or by any professional body, to work in the position which the hirer seeks to fill; and
(c)that the work-seeker is willing to work in the position which the hirer seeks to fill.
My position here is the relationship is between two Ltd companies by way of a contract and that a "work-seeker" applies only to self-employed (since a company must I.D it's employees to attain right to work).
is this position correct (legally correct, not whether you 'feel' that I.D should[nt] be provided)?
Regards,
Andrew
I operate a Ltd company and an employee (me) does work by way of a contracted arranged by the agency for a client. Opt-out is in place.
The intermediary regulations have been fulfilled by way of an NI number. The agency however is requesting I.D (passport copy) under:-
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
In particular:-
Confirmation to be obtained about a work-seeker
19. Neither an agency nor an employment business may introduce or supply a work-seeker to a hirer unless it has obtained confirmation—
(a)of the identity of the work-seeker;
(b)that the work-seeker has the experience, training, qualifications and any authorisation which the hirer considers are necessary, or which are required by law or by any professional body, to work in the position which the hirer seeks to fill; and
(c)that the work-seeker is willing to work in the position which the hirer seeks to fill.
My position here is the relationship is between two Ltd companies by way of a contract and that a "work-seeker" applies only to self-employed (since a company must I.D it's employees to attain right to work).
is this position correct (legally correct, not whether you 'feel' that I.D should[nt] be provided)?
Regards,
Andrew
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