Liability Clause Opinions

[supersteamer]

Please could I ask the panel's advise on the following clause where my company needs to indemnify the agency against:

"Any claim or demand, howsoever arising, against Employment Business or Client for income tax and/or employee's and/or employer's National insurance contributions relating to any Representative including claims arising out of Off-Payroll;"

This is a public sector outside of IR35 contract. Does this mean if the outside IR35 assessment was incorrect I'm liable for the taxes even though I wasn't the one doing the assessment?

Thanks

[BlueSharp]

Please could I ask the panel's advise on the following clause where my company needs to indemnify the agency against:

"Any claim or demand, howsoever arising, against Employment Business or Client for income tax and/or employee's and/or employer's National insurance contributions relating to any Representative including claims arising out of Off-Payroll;"

This is a public sector outside of IR35 contract. Does this mean if the outside IR35 assessment was incorrect I'm liable for the taxes even though I wasn't the one doing the assessment?

Thanks

Yep, if it stand up in court is another matter. Tell them to take the clause out as it's not you problem any more. I can understand it being their prior to the IR35 changes but not now.

[supersteamer]

Ok, thanks - thought so.

Any suggestions on a compromise wording? I'm quite happy to indemnify them against any come-back from me messing up my own PAYE, but not in accepting the fee payers IR35 liability.

Thanks