Hello,
I am the director of my own business providing specialist IT services. The location where the services are carried out and the way in which they are carried out is not determined by the agency or the client.
The agency contract which I am being asked to sign includes the following paragraph:
"The Company (i.e. my company) shall indemnify and keep indemnified the Employment Business (i.e. agency) and the Client against any Losses suffered or incurred by the Employment Business or the Client by reason of any proceedings, claims or demands by any third party (including specifically, but without limitation, HM Revenue and Customs and any successor, equivalent or related body) pursuant to the IR35 Legislation, ITEPA or the NICs Legislation and/or any supporting or consequential secondary legislation relating thereto)."
I challenged this as being unreasonable. The response was
"It is the Company who engages or employs the Contractor and/or any Substitute and make any necessary payments to them, any claim arising out of such instances is the responsibility of the Company"
What is the view on the level of risk that I expose my company to by accepting this term and signing the contract?
Thank you,
Mike.
I am the director of my own business providing specialist IT services. The location where the services are carried out and the way in which they are carried out is not determined by the agency or the client.
The agency contract which I am being asked to sign includes the following paragraph:
"The Company (i.e. my company) shall indemnify and keep indemnified the Employment Business (i.e. agency) and the Client against any Losses suffered or incurred by the Employment Business or the Client by reason of any proceedings, claims or demands by any third party (including specifically, but without limitation, HM Revenue and Customs and any successor, equivalent or related body) pursuant to the IR35 Legislation, ITEPA or the NICs Legislation and/or any supporting or consequential secondary legislation relating thereto)."
I challenged this as being unreasonable. The response was
"It is the Company who engages or employs the Contractor and/or any Substitute and make any necessary payments to them, any claim arising out of such instances is the responsibility of the Company"
What is the view on the level of risk that I expose my company to by accepting this term and signing the contract?
Thank you,
Mike.
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