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Agency requesting ID for a Ltd company employee

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    Agency requesting ID for a Ltd company employee

    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

    #2
    Originally posted by snoopy20 View Post
    is this position correct (legally correct, not whether you 'feel' that I.D should[nt] be provided)?
    Yes - if you have opted out then the regulations cannot apply.
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    Comment


      #3
      Great, this is the second agency that is gobbling up data they have no right too.

      Comment


        #4
        The laws around right to work are a bit of a nightmare and they'll ask just to cover their backs even if it's not correct. Just appease them and get on with the gig.

        Are you really an employee of your LTD BTW?
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          I am via PAYE, and it's not just a Ltd for tax benefits as it has two revenue streams.

          I will not provide personal I.D just for appeasement. I'll ask for their password details and see how they take it!

          Comment


            #6
            I provided my passport details when I took on the current gig. It was part of clientcos contractor onboarding process anyway.

            No biggie IMO.

            Comment


              #7
              Originally posted by snoopy20 View Post
              I am via PAYE, and it's not just a Ltd for tax benefits as it has two revenue streams.

              I will not provide personal I.D just for appeasement. I'll ask for their password details and see how they take it!
              That's right. Throw some rubbish in to the mix. That'll help.

              Here's an article highlighting the known problem with inconsistency and what appears to be a bit of pragmatic good advice at the bottom. Might want to have a read.

              https://www.contractoruk.com/news/00...onsistent.html
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                Originally posted by snoopy20 View Post
                I will not provide personal I.D just for appeasement. I'll ask for their password details and see how they take it!
                Good luck with that.

                Next time I’m on the bench - I’ll see you there.

                Comment


                  #9
                  Originally posted by snoopy20 View Post
                  I am via PAYE, and it's not just a Ltd for tax benefits as it has two revenue streams.

                  I will not provide personal I.D just for appeasement. I'll ask for their password details and see how they take it!
                  What is your issue with providing an agent with the information?
                  I'm perfect, in a very specific and limited way.
                  Hands... out infractions
                  Face... the music
                  Space... between the ears

                  Comment


                    #10
                    Originally posted by WTFH View Post
                    What is your issue with providing an agent with the information?
                    Billy Big balls syndrome.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

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