Signing Of Form

[Padd]

Hi all

Quick question to the forums

I am a contractor working through a ltd company. My contract is to my company name.

I am being asked by my client to provide my home address and phone number as I have access to confidential data. I have pushed back saying that I will give you my business address and phone number. ( They are different). The have said that this is not enough. I have also said that I have a full confidentiality clause in my contract.

I have also said that as a company that, contractually, I am entitled to send a substitution in, and what would happen in that case ? The reply that came was Don't Know or you would have to collect that data.

I am concerned that giving such information is too personalised and could be seen as an Employee for IR35 purposes. The employees are also being asked to provide the same information.

Am I right in my thoughts ?

Thanks

Padd

[northernladuk]

I am being asked by my client to provide my home address and phone number as I have access to confidential data. I have pushed back saying that I will give you my business address and phone number. ( They are different). The have said that this is not enough. I have also said that I have a full confidentiality clause in my contract.

Not unreasonable to ask for a certain level of information as you personally are liable for that data even if you are contracted through a company. Bearing in mind if you don't supply it you are going to get walked you've nothing much to lose. I'd like to know more context to be sure but I'm guessing at the very worst it's going to be a minor flag. Seems a reasonable request to hold you to account for the data you are handling.

I have also said that as a company that, contractually, I am entitled to send a substitution in, and what would happen in that case ? The reply that came was Don't Know or you would have to collect that data.

Oh. Dictating terms to the client. Bet they love you lol. Most sub clauses are shams, particularly when you are handling sensitive data song wouldn't have brought it up. You've now put yourself in a position you know it's a sham so you've lost of you pillars of defense. If you did kept quiet you could have argued it was reasonable to assume they would honour it. If you know they won't then you've got a problem. If you have IR35 insurance I'd be very worried it's now void because you know.

I am concerned that giving such information is too personalised and could be seen as an Employee for IR35 purposes. The employees are also being asked to provide the same information.

Am I right in my thoughts ?

Thanks

Padd

Nope. They can ask for your NI and a copy of your passport as part if the right to work act they are covering themselves for. They can ask you to take a course or/and sign H&S and IT security polices as yourself. Both those are examples of giving personal data and are not IR35 issues.

You need to understand IR35 better. You are still a worker even if the contract is with the company so have to be identified as such for certain things.

[northernladuk]

You realise you can't just send a sub in. You have to source a suitable candidate and train them up at your cost so they can pick up exactly where you left off. You are sending a substitute, not a body.

You did get your contract IR35 checked to make sure the actual wording is water tight as well didn't you?

[SueEllen]

I've been asked for my address details and my next of kin derails by clients. Why? Well if the building gets blown up*, you are in it and the company is sensible enough to do back ups/process data of site your next kin will be informed.

Oh and the client could go to Companies House to find your details but it's quicker to ask you especially if part of the reason they want it is in case of emergencies.


*Or more likely you have a heart attack at work.

[Qdos Contractor]

This is an understandable concern and one that we recieve questions on regularly. However providing this additional information for confidentiality or data protection reasons would not deem you inside of IR35 alone. Some contracts will even come with seperate confidentiality agreements that are to be signed seperatly by the individual. You are correct in thinking that your contract should be between two companies and not an individual but this would be a different matter.

If you are to provide a substitute, there would not be an issue with them signing or providing details for confidentiality purposes, but the contract should remain with your limited company and you should be responsible for the substitute and the substitute should invoice your company for thier services.

Jon

[psychocandy]

Big believer in "he who acts like an awkward twat with the client wont have an inside IR35 contract to worry about".

Seen it many times. Clients cant be arsed with contractors who refuse to sign this that and the other. Pick your battles. Does it really matter? No. Then JFDI.

If it makes the client a bit happier and its no biggie JFDI. Agree with SE about the accident thing. If they're happier having emergency details then why not?

One client I had did go too far. Said no-one was allowed to park on the road (out of town industrial estate) because A) It looked scruffy and B) there were no pavements and they needed to make sure everyone got into the office safely. Bit much that one!