Reply to: Have been put on company website

[missinggreenfields]

I feel like I'm being double teamed by the Chuckle Brothers here.

http://i3.irishmirror.ie/incoming/ar...rs-picture.jpg

To me, to you?

[SueEllen]

I am not concerned about the photo alone, I am concerned about whether this could be construed as employment rather than my company providing services.

As a contractor, is it acceptable to be put up on a website as part of a team? Or should I (as one poster mentioned) clarify that I am a contractor in the text?

I wouldn't be on the website full stop as a contractor. Mainly because I am not part of their team I am a temporary resource who will leave when I want to.

Another thing I've not mentioned is false advertising.

By not stating you are a contractor they are misrepresenting their company and any party who enters a contract where you are one of the main protagonists involved in dealing with them could argue to get out of the contract they misrepresented your position. This doesn't look good on you or the client.

[LondonManc]

I am not concerned about the photo alone, I am concerned about whether this could be construed as employment rather than my company providing services.

As a contractor, is it acceptable to be put up on a website as part of a team? Or should I (as one poster mentioned) clarify that I am a contractor in the text?

That would be perfect for your IR35-ness imho.

[northernladuk]

I am not concerned about the photo alone, I am concerned about whether this could be construed as employment rather than my company providing services.

As a contractor, is it acceptable to be put up on a website as part of a team? Or should I (as one poster mentioned) clarify that I am a contractor in the text?

It really depends on the details of thr situation which don't fully know but you've had some advice to go think about so you can work out how best to deal with it.

If in doubt though, get them to take it down.

[northernladuk]

I feel like I'm being double teamed by the Chuckle Brothers here.

[Pipp]

Should clarify...

I am not concerned about the photo alone, I am concerned about whether this could be construed as employment rather than my company providing services.

As a contractor, is it acceptable to be put up on a website as part of a team? Or should I (as one poster mentioned) clarify that I am a contractor in the text?

[SueEllen]

The clients I've worked for in the past 3 years always ask their staff if they can use their photos for external purposes e.g. the company website. Part of the reason for this is not only common courtesy but your image is your data under the Data Protection Act 1998. So if the OP hasn't explicitly said their image can go on the website I would tell the company to remove it - you can make up any reason you like for the removal and if they refuse to contact the ICO

[LondonManc]

OK, you two must have worked in posher places than me. All my photo IDs have been taken by the security guy on the first day and are bearly recognisable let alone usable on a website.

Given you can still recognise a donkey's danglers, you shouldn't be surprised at the power of Photoshop and modern cameras

[MrMarkyMark]

OK, you two must have worked in posher places than me. All my photo IDs have been taken by the security guy on the first day and are bearly recognisable let alone usable on a website.

LOL, thought that was taken as given .
May not come out clear on the card, doesn't mean the photo is not if good quailty.

[northernladuk]

OK, you two must have worked in posher places than me. All my photo IDs have been taken by the security guy on the first day and are bearly recognisable let alone usable on a website.

[MrMarkyMark]

How did they get a picture of you that was good enough to put on the website?

Did they not ask you permission to do so?

You had absolutely no idea this was going on so you could intervene earlier?

Possibly an ID card photo?

[LondonManc]

How did they get a picture of you that was good enough to put on the website?

Did they not ask you permission to do so?

You had absolutely no idea this was going on so you could intervene earlier?

Security pass?

[northernladuk]

How did they get a picture of you that was good enough to put on the website?

Did they not ask you permission to do so?

You had absolutely no idea this was going on so you could intervene earlier?

A lot of this is context and only you know that but I don't think the actual photo on the site is your real issue. It's the fact they put it up with asking you and deem you an enduring resource to want to use you as a contact/selling point. If I were you I'd be looking at my relationship with my client and asking myself if I am now part and parcel and looking at a host of other IR35 issues around it.

How much do you know about IR35 and how seriously do you take it? There is not much to go on but I'd take a guess you haven't really got in to the details of it?

[cojak]

There's usually leeway on the page for you to edit your name. Just add '(CONTRACTOR)' after your name (or wherever they let you edit).

[northernladuk]

Leave it up for a month and the send them an invoice for use of you image on their promotional material. Sorted.