Background check as permament: is it correct? ( IR35.... )

[flavios]

Hi everyone,

the following is what I have been asked to provide for a 6 months contract:

Please return the following information to allow us to complete your screening:



· A photocopy/ scan of your passport photo page and outer cover.

· A photocopy/ scan of your visa and/or biometric residence permit, front and back (if applicable).

· A photocopy/scan of a utility bill dated within the last 3 months. This can include council tax/water bill or bank/credit card statements however mobile telephone bills are not permitted.

· A copy of UK Driving Licence.

· A completed Experian Screening Application (attached).

· A completed Employment History Form (attached) for the last 5 years and/or documentation supporting your employment activity i.e. letter from previous employer/copies of contracts. If you do not have this information to hand we will contact the referees noted which can include agencies but must be contactable via a company/business email address. Any gaps in employment greater than 3 months need to be verified as these periods of non-employment must be supported by proof of activity such as receipts for building work/travel/flight tickets or evidence of online job applications. This list is not exhaustive, please call for further information.

· Signed Reference Authorisation giving us permission to contact your referees for the release of confidential data.

· A completed CIFAS declaration (attached).

· A completed Criminal declaration form (attached).

· Fair Processing Notice (attached)

· Next of Kin

· Academic qualifications, professional membership and professional qualification verification.

· Overseas Consent Form

· Privacy Notice for your information only



We also require confirmation of how you wish to engage with ECS either via your own Limited company or via an Umbrella company. Please provide the following information for your Ltd company otherwise we will go directly to the Umbrella for the required information. I have attached a template copy of our Service Agreement for your review, please note this is for reference only, the completed version will be issued upon the successful completion of PES.



· Company registration details – Certificate of Incorporation, registered address.

· Professional Indemnity Insurance Certificate (minimum limit of £1,000,000).

· Public Liability Insurance Certificate (minimum limit of £1,000,000).

· Employers Liability Insurance Certificate (Minimum limit of £5,000,000)

· Company bank details – branch address, account name, sort code, account number (please attach a voided copy of your business accounts pay in slip, or a photocopy of a payment card

· VAT Registration Certificate (if applicable).

· Unique Tax Reference Number

Regarding the first part, does not look like to much perm oriented? can I have issue later on with the IR35?

Thanks in advance for any lurk/answer....

[northernladuk]

Hi everyone,

the following is what I have been asked to provide for a 6 months contract:



Regarding the first part, does not look like to much perm oriented? can I have issue later on with the IR35?

Thanks in advance for any lurk/answer....

We've done this 100's of times. You have to think a bit further than looking at it and going straight for the 'Am I a perm' line. Try understand why they want this and what legislations they are trying to work to and the answer will become obvious.

passport site:forums.contractoruk.com - Bing

Plenty of threads on check gaps using bank accounts like this one. Fairly normal, particularly in finance gigs.
https://www.contractoruk.com/forums/...edit-file.html

Don't worry about the form saying 'Employment history'. Just a badly worded form, you will just put your contracts in. Mentioned in these threads
employment history site:forums.contractoruk.com - Bing

[flavios]

currently, problems are two:

a) I am going to use my LTD settled in a European country, which doesn't allowed this kind of contracing "perm-style" (ergo, serious problem about taxation on my side)

b) if, for very 6 months period contract, I have to let everyone to run a check about my previous employers ..well, I do not think they will like to receive eveytime this kind of calls in order to back or not my previous position in XYZ company

kind of surprise in a forum of contractors you think this is tollerable and "normal"......

[northernladuk]

currently, problems are two:

a) I am going to use my LTD settled in a European country, which doesn't allowed this kind of contracing "perm-style" (ergo, serious problem about taxation on my side)

b) if, for very 6 months period contract, I have to let everyone to run a check about my previous employers ..well, I do not think they will like to receive eveytime this kind of calls in order to back or not my previous position in XYZ company

kind of surprise in a forum of contractors you think this is tollerable and "normal"......

The passport is standard. It's to check you have the right to work in the UK. It comes with penalties for the client if you are working illegally so they are covering their backs. Every gig should check this nowadays so yes normal.

The links explain why they need the finance check and particularly the gaps. They need to know what you have been up to in those gaps. They are looking out for you being detained at Her Majesties pleasure or been for a nice camping trip in Afghanistan and so on. The current account statements will prove you've been at large in the UK and active in the community.

If you've opt'd in they have to check your references as part of their diligence to meet the legislation. It's pretty unlikely they will contact them but make sure you just put the agents names not your client.

OK the list might be a little over the top but they appear just to be collecting everything they may need in a single action rather than drip feeding you requests.

Why is it not tolerable and why do you think checking whether a temporary resource is not a financial risk when they could be handling sensitive data and systems that could be abused?

[flavios]

Well, of course passport and criminal check on the phisical person are fine.

Guess undergoing this basic check is fine and every contractor(phisical person) sent by company X to company Z would not bear to object against it; the issue arise when company Z eventually want to ask private information about the pysichal person employed by company X (like travel tickets, bank statements, check of the employment history, etc....).

In this case, I guess company X would answer back stating that all those information are confidential and the company itself guarantee for its employer.

So now think company X is your LTD: Equation solved.

We can even think company X doesn't count nothing and it is desperate to secure a contract (job) in order to pay the basic bills but, well, would not this argument be a little unprofessional?

and please, do not forget that in most of the European countries this kind of professional releation would be considered as a classic perm contract, hence the taxation would get instantaneously perm oriented with likely double taxation UK-EU.....

[northernladuk]

Well, of course passport and criminal check on the phisical person are fine.

Guess undergoing this basic check is fine and every contractor(phisical person) sent by company X to company Z would not bear to object against it; the issue arise when company Z eventually want to ask private information about the pysichal person employed by company X (like travel tickets, bank statements, check of the employment history, etc....).

In this case, I guess company X would answer back stating that all those information are confidential and the company itself guarantee for its employer.

So now think company X is your LTD: Equation solved.

We can even think company X doesn't count nothing and it is desperate to secure a contract (job) in order to pay the basic bills but, well, would not this argument be a little unprofessional?

and please, do not forget that in most of the European countries this kind of professional releation would be considered as a classic perm contract, hence the taxation would get instantaneously perm oriented with likely double taxation UK-EU.....

I've no idea what any of that means but I've given you plenty of links that covers these in detail so the evidence is there for you and apologies about not creating a world wide reply to cover all eventualities but this is a UK contracting site and you didn't mention anything about where the contract is located so how were we supposed to know?

I can't be bothered to go back and try understand what the engagement is with who and what country so you've had plenty of links. Have a look through and see if they help you, if not you might want to look at a European contracting site.