Reply to: Client Has Requested Passport and Photo for Company Intranet

[SueEllen]

Virtually every company I've contracted at in wants a copy of my ID - I normally use my photo driving license.

It's just to verify I am who I say I am regardless if an agency is involved or not, and it's normally wanted by the security officer who are linked to HR.

In fact a few companies require you to have passport or driving license on you when you come to interview otherwise you are not getting into the building.

In regards to being put on the company intranet does the company have an internal phone book?

Quite a few companies do and this is linked to the company intranet. Lots of them clearly state that someone is a contractor, some even put your company's details on it i.e. your company email address and phone number, and they all very quickly remove contractors who leave.

[TheFaQQer]

Regarding the plumber example... it's not really the same thing. A plumber tends to provide ad-hoc services, where as, for example, an IT Contractor tends to provide a service for a period of time (e.g. 1 week, 1 month, 3 months, etc). I know some IT Contractors provide services on a ad-hoc basis, but I am taking the OP's issue as a non-adhoc Contractor..... so your example is, in a way, comparing Apples with Pears in that you are comparing an adhoc service provider (someone who comes in as and when there is a plumbing issue to resolve) with a provider of services that is available for a continuous period of time (i.e. 5 days a week over a period of time).

OK - how about if they have contractors on site (and listed on the Intranet). For the same project, they also engage a consultancy to provide expert resource five days a week. Would they require all the consultants from the project to be listed on their Intranet??

If there is something which can distinguish an employee from a contractor on the Intranet, then I'd have no problem with it - I've had it a few times (including having a "manager" on the Intranet, who was typically the PM) and had no issue because my title always said "Contractor" or somesuch.

[TheFaQQer]

You could send a photo with the word "CONTRACTOR" printed diagonally across it in red ink. That would leave no doubt.

[SimonMac]

Send them a copy of your LtdCo's Logo and charge them royalties for using it!

[Contreras]

As long as the client recognises you as a provider of services, surely it doesn't matter if your mugshot is on their intranet.

Just so long as it doesn't show up on an organisational chart with a "line manager".

Asking for a copy of your passport is for their protection to make sure you are not working for them illegally.

They are contracting the services of a registered company. Do they require the passport of employees of other companies they contract services from?

Actually there are valid reasons why they might need proof of identity (and nationality) but imho employment status is not one of them.

Ask what they mean by "HR processes" before handing anything over, making it clear there is no objection for security purposes only, e.g. building access control. If in doubt, they may need a polite reminder that you are not an employee.

Actually I think these situations can be used to ones advantage. You get an email back from HR saying "yes you're not an employee we just need the photo for your [contractor] building pass" - which you promptly save to your IR35 defence file.

Then you comply, with the proviso that if used for any other purpose it needs your prior expressed agreement. Keep it good humoured and to the point. I would hope that having been prompted most HR bods would just "get it" and treat the request sensibly, whatever they might have done in the first place.

[Paddy]

I'm contracting directly and not through an agent and the HR department have requested a copy of my passport "to complete the HR process" and want to take a photo of me to put on the company intranet.

I have a Ltd company and I'm endeavouring to be outside of IR35, but I am concerned that this kind of thing may be relevant as a potential indicator of employment as it suggests being 'part and parcel' of the organization.

Any advice on this?

Give them the pic marked “Copyright” together with a copy of your T&Cs and charges. £2-50 per day sounds reasonable.

[BolshieBastard]

I'm contracting directly and not through an agent and the HR department have requested a copy of my passport "to complete the HR process" and want to take a photo of me to put on the company intranet.

I have a Ltd company and I'm endeavouring to be outside of IR35, but I am concerned that this kind of thing may be relevant as a potential indicator of employment as it suggests being 'part and parcel' of the organization.

Any advice on this?

Should this be in general?

Advice? How about becoming permie. that'll learn ya

[pmeswani]

Why do they need your passport for the company intranet?

I don't think they want the passport for the intranet, just the OP's mugshot. The Passport is for the "HR Process".

[pmeswani]

No it isn't. It's about whether you are an employee of the client. Do they ask all their suppliers to put their photos and information on the website? If they have a plumber in, does he appear on the Intranet, or is it just for employees? Is there anything on the Intranet which distinguishes suppliers and employees?

Direction and control and a few other factors can be seen as a disguised employee. I know D&C is not the only factor. The abscense of MOO and other factors as well.

Regarding the plumber example... it's not really the same thing. A plumber tends to provide ad-hoc services, where as, for example, an IT Contractor tends to provide a service for a period of time (e.g. 1 week, 1 month, 3 months, etc). I know some IT Contractors provide services on a ad-hoc basis, but I am taking the OP's issue as a non-adhoc Contractor..... so your example is, in a way, comparing Apples with Pears in that you are comparing an adhoc service provider (someone who comes in as and when there is a plumbing issue to resolve) with a provider of services that is available for a continuous period of time (i.e. 5 days a week over a period of time).

Well, there's the problem, isn't it? If you are showing up on their systems as an employee, then your ability to argue with HMRC that you are not an employee becomes significantly harder.

If HR put your details on their system, and their system does not discriminate between contractors and those who are employed by the company, then it may be difficult.

This I agree with.

Something we agree on? I may need to take a holiday.

[BrilloPad]

Why do they need your passport for the company intranet?

[TheFaQQer]

From my basic understanding, IR35 is about Direction and Control.

No it isn't. It's about whether you are an employee of the client. Do they ask all their suppliers to put their photos and information on the website? If they have a plumber in, does he appear on the Intranet, or is it just for employees? Is there anything on the Intranet which distinguishes suppliers and employees?

As long as the client recognises you as a provider of services, surely it doesn't matter if your mugshot is on their intranet.

Well, there's the problem, isn't it? If you are showing up on their systems as an employee, then your ability to argue with HMRC that you are not an employee becomes significantly harder.

Asking for a copy of your passport is for their protection to make sure you are not working for them illegally.

This I agree with.

[Platypus]

What about "part and parcel" indicators ?

[northernladuk]

From my basic understanding, IR35 is about Direction and Control. Is putting your ugly mugshot on the intranet considered to be Direction and Control of your working practices? Are you worried that your mugshot will bring down the corporate intranet?

As long as the client recognises you as a provider of services, surely it doesn't matter if your mugshot is on their intranet.

Asking for a copy of your passport is for their protection to make sure you are not working for them illegally.

This +1. You need to think a little deeper about what IR35 is and there for and then understand the impact rather than just call foul everytime your client asks you for something.

[pmeswani]

I'm contracting directly and not through an agent and the HR department have requested a copy of my passport "to complete the HR process" and want to take a photo of me to put on the company intranet.

I have a Ltd company and I'm endeavouring to be outside of IR35, but I am concerned that this kind of thing may be relevant as a potential indicator of employment as it suggests being 'part and parcel' of the organization.

Any advice on this?

From my basic understanding, IR35 is about Direction and Control. Is putting your ugly mugshot on the intranet considered to be Direction and Control of your working practices? Are you worried that your mugshot will bring down the corporate intranet?

As long as the client recognises you as a provider of services, surely it doesn't matter if your mugshot is on their intranet.

Asking for a copy of your passport is for their protection to make sure you are not working for them illegally.

[scooby]

I'm contracting directly and not through an agent and the HR department have requested a copy of my passport "to complete the HR process" and want to take a photo of me to put on the company intranet.

I have a Ltd company and I'm endeavouring to be outside of IR35, but I am concerned that this kind of thing may be relevant as a potential indicator of employment as it suggests being 'part and parcel' of the organization.

Any advice on this?

Tell them to make sure it says "contractor" or 3rd party etc. No harm done if that separation is made.