Who should know my information!

Who should know my information!

Author
Discussion

Greenmantle

Original Poster:

1,282 posts

109 months

Wednesday 3rd March 2021
quotequote all
Sorry for another question but I am currently bombarded with forms.
So it has been established that the new role has this hierarchy

Client A
to
Agency B
to
Umbrella C
to
Me (individual no company)

So why is Client A asking me to fill in and sign forms:
(1) Titled "Contractor Joining Form" wanting to know personal details and Umbrella Company Info.
(2) Titled "Third Party Contractors Code of Conduct" which I have to sign as a position in my Ltd company.

Either they are hiring me as an employee of teh Umbrella Company or as an Employee of my Ltd Company but not both!

LemonParty

591 posts

237 months

Wednesday 3rd March 2021
quotequote all
What has Client A said when you've queried this with them?

Greenmantle

Original Poster:

1,282 posts

109 months

Wednesday 3rd March 2021
quotequote all
LemonParty said:
What has Client A said when you've queried this with them?
Client A has no one knowledgeable in UK Employment Law to give a proper answer. (foreign company)

StevieBee

12,940 posts

256 months

Thursday 4th March 2021
quotequote all
I don't see any issue with that.

As far as the Client is concerned, they're hiring 'you'. The presence of the Agent and Umbrella company is of less interest to them than it is to you but they need to report on transparency and the like so acquiring info from you on this is perfectly normal.

You mention it's a foreign company. In my experience, I'd say you've got off likely on the paperwork front!

clived

577 posts

241 months

Saturday 6th March 2021
quotequote all
Greenmantle said:
So why is Client A asking me to fill in and sign forms:
(1) Titled "Contractor Joining Form" wanting to know personal details and Umbrella Company Info.
(2) Titled "Third Party Contractors Code of Conduct" which I have to sign as a position in my Ltd company.

Either they are hiring me as an employee of teh Umbrella Company or as an Employee of my Ltd Company but not both!
1) Because the end client needs to be able to demonstrate to HMRC that they have established you are being paid in a IR35 compliant way (I assume your role is inside IR35 or else why would you be using an umbrella)

2) You should be signing this as an individual. You don't need a PSC to work via an umbrella, so if they are asking you to sign it as a director of your company tell them no.

Greenmantle

Original Poster:

1,282 posts

109 months

Monday 8th March 2021
quotequote all
clived said:
Greenmantle said:
So why is Client A asking me to fill in and sign forms:
(1) Titled "Contractor Joining Form" wanting to know personal details and Umbrella Company Info.
(2) Titled "Third Party Contractors Code of Conduct" which I have to sign as a position in my Ltd company.

Either they are hiring me as an employee of the Umbrella Company or as an Employee of my Ltd Company but not both!
1) Because the end client needs to be able to demonstrate to HMRC that they have established you are being paid in a IR35 compliant way (I assume your role is inside IR35 or else why would you be using an umbrella)

2) You should be signing this as an individual. You don't need a PSC to work via an umbrella, so if they are asking you to sign it as a director of your company tell them no.
1) yes obviously the end client needs to demonstrate to the HMRC since they are ultimately liable if it goes wrong but what is the point of having the agent and the umbrella company in the loop its like buying a dog and doing the barking yourself.

2) the foreign company is not naïve in fact they are extremely savvy. they have asked for personal information; code of conduct info for Limited company as well as request you sign the employment opt out clause. Individually these do not add up to much but you take it all together then its obvious that you are just cannon fodder.

The agent has been working with the end client for about 5 years and they just do their masters bidding. Jeeze it has all gone to rot.