Legal FAQs

  1. What happens if a contractor purposefully provides incorrect information in order to pass the test?

    If the contractor has provided fraudulent evidence, the liability in the event of a negative judgement is with them. The umbrella is not liable, and neither is the agency. Contractors are warned many times by SDC Testing of the implications of providing fraudulent data.

  2.  

  3. How does the system cope with Excluded Services?

    Question 6.1 asked if the services are excluded services, in which case SDC testing does not need to apply. Checking for whether your worker is excluded is probably something to do before considering testing them and spending a test credit when you perhaps didn’t need to.

  4.  

  5. What about site-to-site based work?

    Question 6.2 deals with site-to-site based workers. The answer does not make a difference to SDC status, but it is useful to capture this answer to obtain a full picture of all your workers.

  6.  

  7. Why do you ask about Where?

    Where the person works is not a central part of the SDC legislation, but we ask the questions about where the work is carried out to build up a bigger picture of the overall work. It may come in useful in the future as case law evolves.

  8.  

  9. How do you cope with case law changes?

    Case law has not changed yet. We have built the tool to be very flexible. If we need to update the algorithm based on case law changes then we will be able to re-run all the tests for all your workers based on any new algorithm and provide a report for you containing any workers whose test result could potentially change.

  10.