Client - Anti-Bribery and Corruption certification

[psychocandy]

Never wise to overdo the refusal thing IMHO.

Think about it. Client doesnt give a monkeys about IR35. Fair enough, if something REALLY DOES cause IR35 issues then explain carefully to client, but all refusing to sign everything does is piss the client off.

No worries about IR35 if they show you the door. And it does happen.

[GillsMan]

Hi all,

First time post. I'm a contractor working via a limited company. Current client has asked me to confirm that I've complied with client's 'anti-bribery and gifts policies' by signing a 'Anti-Bribery and Corruption certification'.

Client has insisted that this should be signed by full time employees and contractors. As I'm not an employee of the client, I don't see why I'd sign this. Furthermore, I'm wondering whether signing these kind of end-client policy documents would be problematic from a IR35 perspective.

Anyone working via a limited company been asked to sign one if these certifications by a client?

Many thanks

HTH

[Scrag Meister]

I work in an IB and have a "learning" task at least once a month.

I can't see how it can be an IR35 indicator as these are often global/regional regulatory legal topics around sanctions, money laundering etc...

There are some internal things too around gifts/bribery, compliance. Not surprising really considering the numbers that get bandied around and the potential for some grease in the wheels.

[SpontaneousOrder]

PCI DSS requires that FS organisations ensure that all of their suppliers are also compliant, which may mean mandatory 'training' for contractors. I suspect that money laundering & anti-bribery etc are exactly the same.
Saying "it's not my fault - our suppliers did it" doesn't fly. Hence you can't just expect that it has nothing to do with you.

[CloudWalker]

IR35 can panic a lot of people.
I was on a Serco contract and the boss came round asking if we wanted a free flu-jab as It was open to all employees.
I said No thanks as I don't really need it, But other contractor said It would affect their IR35 status

[ASB]

I have to do these blessed things in different guises as on line tests about once a month.

"George has offered Fred 10k in cash to award the contract, is this OK".

Then there are H+S ones.

Then often have to do the same again for actual end clients.

Biggest waste of time since the health and safety course on how to use the stairs when the lifts were being replaced.

Totally necessary so employer can demonstrate compliance with the act though. They keep scores, records of who has done the questionnaires etc. and when.

Of course employer does have a choice.

Not bid for any government work, or a very large portion of private work.

[SueEllen]

Yep, fair enough. I tend to take the 'avoid signing anything' approach if possible. Obviously this is impractical in certain circumstances like H&S etc. I wasn't sure about this certification; haven't come across it before hence post. Thanks.

Well that's stupid it's similar to putting your head in the sand.

You need to find out why you need to sign it, and whether you as your own business should put some measures in place to protect yourself under that particular law.

In this particular case doing a bit of Googling would have answered your questions.

[northernladuk]

Yep, fair enough. I tend to take the 'avoid signing anything' approach if possible. Obviously this is impractical in certain circumstances like H&S etc. I wasn't sure about this certification; haven't come across it before hence post. Thanks.

Take the 'Understand what I am signing and why' approach. It's much better. :-)

[DirectorKuro]

You need to think a bit harder about your relationship to your client and the interaction between your business and them if that is the case. Do you think it's reasonable to allow any Tom, Dick or Harry access to their systems without doing a bit of due diligence first? What would your position be if they asked you to sign a H&S one?

Yep, fair enough. I tend to take the 'avoid signing anything' approach if possible. Obviously this is impractical in certain circumstances like H&S etc. I wasn't sure about this certification; haven't come across it before hence post. Thanks.

[northernladuk]

I don't see why I'd sign this

You need to think a bit harder about your relationship to your client and the interaction between your business and them if that is the case. Do you think it's reasonable to allow any Tom, Dick or Harry access to their systems without doing a bit of due diligence first? What would your position be if they asked you to sign a H&S one?

[DirectorKuro]

If everyone has to do something, it can't be used as a differentiator to prove you are (or aren't) a disguised employee. Not everything is about IR35, just occasionally you have a job to do and meeting your client's obligations is part of it.

Thanks for your reply. That makes sense.

[malvolio]

If everyone has to do something, it can't be used as a differentiator to prove you are (or aren't) a disguised employee. Not everything is about IR35, just occasionally you have a job to do and meeting your client's obligations is part of it.

[SarahL2012]

Yes - its come up in a couple of FS organisations I've done work at plus a compulsory online questionnaire at 1 place which tested knowledge of the act.

I really don't consider these kind of things IR35 indicators. The client has an obligation to make sure they can evidence everyone working for them is compliant and one man band contractors are a higher risk than the big consultancies with their own policies and procedures in place.

I used to worry about this sort of stuff when I first started contracting but now I just go into every job trying to evidence some of the bigger ticket items around MOO etc so hopefully I can head any potential HMRC investigation off early.

[DirectorKuro]

Hi all,

First time post. I'm a contractor working via a limited company. Current client has asked me to confirm that I've complied with client's 'anti-bribery and gifts policies' by signing a 'Anti-Bribery and Corruption certification'.

Client has insisted that this should be signed by full time employees and contractors. As I'm not an employee of the client, I don't see why I'd sign this. Furthermore, I'm wondering whether signing these kind of end-client policy documents would be problematic from a IR35 perspective.

Anyone working via a limited company been asked to sign one if these certifications by a client?

Many thanks