Client HR database and me

[Signo_cypher]

Being asked to complete a starter form for a new gig so as they can add me to the company HR system, this is a requirement so that they can issue me an RSA secure ID token and set up email. From my point of view this is no problem and is a pre-requisite of getting set up to do the job.

A colleague has said, if personal details are given to a company to add to a HR system, the HMRC would be highly likely to draw the conclusion that the relationship between the company and me is employer- employee and I would then be caught under the IR35 rules??

Are they being overly paranoid?!

[lje]

If the HR system is decent then you ought to be able to be set up as a contractor - just check that this will be done.

[malvolio]

Also if the same rule applies equally to everyone, employee and freelance alike, it cannot be used to demonstrate an employee-like arrangement.

[northernladuk]

When did common sense suddenly become obsolete in IT contracting?

You are being given the ability to remotely access a clients network from god knows where and god knows how. You really think the client will just give you it and say here you go without going through some form of approval and tracking process. Doesn't sound unreasonable does it? As you are human, and you are a resource it seems pretty likely HR will be responsible for doing this.

You could pose the same argument for being added to the email address list and giving you access to timesheets and other online activities but no one ever does as it is pretty obvious.

I would love to meet these 'mates' that keep cropping up giving this kind of advice....

[Peoplesoft bloke]

If the HR system is decent then you ought to be able to be set up as a contractor - just check that this will be done.

Whs - I am in clientco's on this basis - i.e. It is clear I am a contractor not an employee

[TheFaQQer]

A colleague has said, if personal details are given to a company to add to a HR system, the HMRC would be highly likely to draw the conclusion that the relationship between the company and me is employer- employee and I would then be caught under the IR35 rules??

Your "colleague" doesen't know WTF they are on about.

[jmo21]

Your "colleague" doesen't know WTF they are on about.

THIS!

[Support Monkey]

Overly paranoid!! virtually impossible to contract anywhere without giving over some sort of information, especially as others have said if you need email and system access, your gonna be on the system somewhere but there are things you can do to remove yourself from the rest of the staff, all the permies in my office have their first name as username, I have a number, my ID badge says Contractor on it.

IR35 is about who is in control and the way you work not whether you filled in a form to get email access.